The URL can be used to link to this page

Agenda 09/27/2016 Item #17B17.B 09/27/2016 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Vincent Acres RPUD, PUDZ-PL20150001945-An Ordinance amending Ordinance Number 2004- 41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a residential multi -family -12 district (RMF -12 (10)) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Vincent Acres RPUD, to allow construction of a maximum of 85 single-family residential dwelling units or 118 townhouse residential dwelling units on property located west of Collier Boulevard at the southwest corner of Davis Boulevard and Market Street in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 16.8 +/- acres; providing for partial repeal of Ordinance No. 93-73; and by providing an effective date [PUDZ-PL201500019451. OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting a rezone from RMF -12(10) to Residential Planned Unit Development (RPUD). The proposed RPUD will allow for up to 7 units per acre and will allow up to 118 townhomes or 85 single-family homes on a 16.8± acre undeveloped site. The Master Plan (see attachment) depicts the areas of residential and recreational area development, lake/water management, and vehicular circulation. The Master Plan also shows that 4.2 acres will be residential area, 0.6 acres will be an amenity area, 2.5 acres are lakes/water management areas, 9.5 acres will be right-of-way/buffers/other open space. A minimum of 10.08 acres or 60 percent open space will be provided. The petitioner proposes the following minimum development standards for the residential principal and accessory structures (except as noted by footnotes): - a residential lot area of 1,100 s.f. to 1,680 s.£; - a residential lot width of 18 to 28 feet; - a residential front yard setback of 12 feet; - a side yard setback of 0 to 10 feet; - a rear yard setback of 5 feet; - a distance of 10 feet between principal structures; - a zoned building height of 35 feet; - an actual building height of 40 feet. The petitioner proposes the following development standards for the recreational area: - no minimum lot area and width; - a front yard setback of 15 feet; - a side yard setback of 1/2 the sum of the building height; - a rear yard setback of 10 feet; - a zoned building height of 35 feet; - an actual building height of 40 feet; - an accessory front and side yard setback of 10 feet; Packet Pg. 1748 17.B 09/27/2016 an accessory rear yard setback of 0 feet. There is a Developer's Contribution Agreement (DCA) (see attachment) between Collier County and the property owner where Collier County purchased a portion of the property to use for a water management pond. The DCA allows the native vegetation preserve requirement to be waived in exchange for the water management pond parcel. The petitioner is providing a 20 -foot wide Type D right-of-way Landscape Buffer along Davis Boulevard. Along Market Street, the adjacent property owner has provided an existing 15 -foot wide Type B Landscape Buffer with a wall along Market Street. Therefore, the petitioner is providing the required 10 -wide Type A Landscape Buffer adjacent to it. The petitioner is providing a 10 -foot wide Type A Landscape Buffer along the Agricultural zoned property to the south and along the PUD zoned property to the west. The petitioner is seeking 5 deviations. For further information, see the Deviation Section of the Staff Report. FISCAL IMPACT: The PUD rezone by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD rezone is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element contingent upon the companion GMP amendment application first being approved/adopted. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC acting as the local planning agency heard petition PUDZ-PL20150001945 Vincent Acres Residential Planned Unit Development (PUD) on August 18, 2016, and by a vote of 4 to 0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following stipulations, all of which have been incorporated into the PUD document: 1. A one car garage shall be provided. 2. A minimum of 3 parking spaces per unit shall be provided, including the garage. 3. The units shall be a minimum of 1,000 s.£ 4. The minimum setback from the southern property line shall be 10 feet for all structures. 5. The Landscape Buffer Easements and the Lake Maintenance Easements shall be platted separately. Packet Pg. 1749 17.B 09/27/2016 No Letters of objection have been received. Therefore, the petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is a site specific rezone from a Residential Multi -Family -12 Zoning District (RMF -12(10)) to a Residential Planned Unit Development (RPUD) Zoning District for a project to be known as the Vincent Acres RPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for RPUD Rezones: Ask yourself the following questions. The answers assist you in making a determination for approval or not. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. Consider: Conformity of the proposed RPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern? Packet Pg. 1750 17.B 09/27/2016 11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safely? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (A "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written Packet Pg. 1751 17.B 09/27/2016 materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends approval of the request for PUDZ-PL20150001945 Vincent Acres Residential Planned Unit Development (PUD), subject to the CCPC stipulations. Prepared by: Nancy Gundlach, AICP, PLA, Zoning Division, Growth Management Department ATTACHMENT(S) 1. Staff report-PUDZ-PL20150001945-Vincent Acres RPUD (PDF) 2. Ordinance - 082316 (PDF) 3. Location Map 5-18-16 (PDF) 4. Master Plan 7-29-16 (PDF) 5. Density Map VINCENT ACRES RPUD 5-25-16 (PDF) 6. Developers Contribution Agreement-PUDZ-PL20150001945-Vincent Acres RPUD (PDF) 7. NIM Synopsis 8-22-16 (DOCX) S. [Linked] Application -Vincent Acres RPUD (PDF) 9. Legal Ad - Agenda ID 18490000 (PDF) Packet Pg. 1752 17.B 09/27/2016 COLLIER COUNTY Board of County Commissioners Item Number: 173 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Vincent Acres RPUD, PUDZ-PL20150001945-An Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a residential multi -family -12 district (RMF -12 (10)) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Vincent Acres RPUD, to allow construction of a maximum of 85 single-family residential dwelling units or 118 townhouse residential dwelling units on property located west of Collier Boulevard at the southwest corner of Davis Boulevard and Market Street in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 16.8 +/- acres; providing for partial repeal of Ordinance No. 93-73; and by providing an effective date [PUDZ-PL2015 0001945 ] . Meeting Date: 09/27/2016 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 08/23/2016 3:31 PM Submitted by: Title: Division Director - Planning and Zoning — Zoning Name: Michael Bosi 08/23/2016 3:31 PM Approved By: Review: Zoning Michael Bosi Level 1 Add Division Reviewer Growth Management Department Judy Puig Level 1 Division Reviewer Zoning Ray Bellows Level 1 Add Division Reviewer Growth Management Department Jeanne Marcella Level 2 Division Administrator County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 08/30/2016 9:32 AM Completed 08/30/2016 11:20 AM Completed 08/31/2016 9:46 AM Completed 09/06/2016 1:28 PM Completed 09/07/2016 9:36 AM Completed 09/07/2016 11:24 AM Completed 09/07/2016 4:55 PM Completed 09/13/2016 2:57 PM Completed 09/18/2016 11:14 PM 09/27/2016 9:00 AM Packet Pg. 1753 AGENDA ITEM 9-A CAr County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 18, 2016 SUBJECT: PETITION PUDZ-PL20150001945, VINCENT ACRES (RESIDENTIAL PLANNED UNIT DEVELOPMENT). APPLICANT/OWNER: Habitat for Humanity of Collier County 11145 Tamiami Trail East Naples, FL 34113 REQUESTED ACTION: AGENT: Ms. Ashley Caserta RWA, Inc. 6610 Willow Park Drive Naples, FL 34109 The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Multi -Family -12 District (RMF -.12 (10)) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Vincent Acres RPUD, to allow construction of a maximum of 85 single-family residential dwelling units or 118 townhouse residential dwelling units, providing for partial repeal of Ordinance No. 93-73; and by providing an effective date. GEOGRAPHIC LOCATION: The 16.8E acre subject property is located west of Collier Boulevard at the southwest corner of Davis Boulevard and Market Street in Section 3, Township 50 South, Range 26 East, Collier County, Florida. (See the Location Map on the following page.) Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 1 of 20 Location Map Zoning Map Ga�eQ �\aya PROJECT > LOCATION a m Radio RD L JO 0" Oa 0 J m d O U attlesnake Hammock RD Location Map Zoning Map LEGEND R RESIDENTIAL RA RECREATIONAL AREA E— VEHICULAR CIRCULATION 2.5 AC.± ARROWS - PRIVATE ROW 9.5 AC. ± LOCATIONS ODEVIATIONS (SEE SHEET 2 FOR DEVIATION SCHEDULE( `"R' WATER MANAGEMENT LAKE C= Cl IRAKAADV OPEN SPACE: 60%(10.08 AC) MINIMUM OPEN SPACE REQUIRED. 60% (10.08 ACJ PROVIDED. MAXIMUM DENSITY. 85 SINGLE FAMILY UNITS OR 118 TOWNHOUSE UNITS ZONING: PUD LAND USE: PRESERVE ZLAKE PROPERTY MAINTENANCE PEDESTRIAN INTERCONNECTION PROJECT INGRESS/EGRESS BOUNDARY EASEMENT TO DAVIS BLVD. sei _________________________________ \(Pd R ,I r___ � V swmrvD RIGHT OF —� QI VA �`sioevux WAY 10'TYPE'A'BUFFER ' 1 11 , EXISTING 20 -FOO I// T /A'n 'p ZONING: PUD MULTI- ACCESS EASEMENT R s aumvl 77 11 (AND USE:DENTIA A �, FAMILY RESIDENTIAL RECORDED IN ORIt _ W ncc BOOK 435,PAGE ' _ _ ALLEY — — — — ---_ ALLEY OFFICIAL RECORDS� --�---� g' OF COLLIER l R TYPE'D11 Y 1 t COUNTY TOBE �_ L, LT FFERII, RELOCATED IN I ACCORDANCE - -- 7 ' WITH THE t Dvai"mvL. RIGH T OF 1`� I EASEMENT I _ _ - AGREEMENT R I O WAY 1 1, ^ RIGHT ^ D' 4 �FDOTIAPPROX RA ---- OF R �� RA (POND; SITE PER WAY I (DEVELOPER RIGHT -o (AGREEMENT RECORDEDINOF O OR BOOK 4187, WAY IPAGEsoeva�x mvl 12310 2324 OF a THEPUBLiC R _ / 11 < c z R 00 R a� =gig RECORDS OF I � � —iCOUNTYoms — itALLEY , zALLEY -_�PioPERv RL4OUNDARY U w� Dr LAND USE: VACANT -- - �- 15'EX DE -1 2 —__WAY I BUFFER J)�J� ZONING: A t RIGHT OF t r10 TVPE'A' I II ml 10'TYPE'A __ ___ BUFFER d 15' EX. LEE------ --------- -------- ,ZONING: MPUD- PEDESTRIAN INTERCONNECTION - AND USE: COMMERCIAL TO MARKET STREET -------------- -- —_—_--_ FxisnNL siD.LK— LAND USE ACREAGE RESIDENTIAL 4.2 AC. ± LAKE/WATER MANAGEMENT 2.5 AC.± OTHER COMMON OPEN SPACE, RIGHT OF WAY, & BUFFERS 9.5 AC. ± RECREATIONAL 0.6 AC. ± TOTALS 16.8 AC. OPEN SPACE: 60%(10.08 AC) MINIMUM OPEN SPACE REQUIRED. 60% (10.08 ACJ PROVIDED. MAXIMUM DENSITY. 85 SINGLE FAMILY UNITS OR 118 TOWNHOUSE UNITS ZONING: PUD LAND USE: PRESERVE ZLAKE PROPERTY MAINTENANCE PEDESTRIAN INTERCONNECTION PROJECT INGRESS/EGRESS BOUNDARY EASEMENT TO DAVIS BLVD. sei _________________________________ \(Pd R ,I r___ � V swmrvD RIGHT OF —� QI VA �`sioevux WAY 10'TYPE'A'BUFFER ' 1 11 , EXISTING 20 -FOO I// T /A'n 'p ZONING: PUD MULTI- ACCESS EASEMENT R s aumvl 77 11 (AND USE:DENTIA A �, FAMILY RESIDENTIAL RECORDED IN ORIt _ W ncc BOOK 435,PAGE ' _ _ ALLEY — — — — ---_ ALLEY OFFICIAL RECORDS� --�---� g' OF COLLIER l R TYPE'D11 Y 1 t COUNTY TOBE �_ L, LT FFERII, RELOCATED IN I ACCORDANCE - -- 7 ' WITH THE t Dvai"mvL. RIGH T OF 1`� I EASEMENT I _ _ - AGREEMENT R I O WAY 1 1, ^ RIGHT ^ D' 4 �FDOTIAPPROX RA ---- OF R �� RA (POND; SITE PER WAY I (DEVELOPER RIGHT -o (AGREEMENT RECORDEDINOF O OR BOOK 4187, WAY IPAGEsoeva�x mvl 12310 2324 OF a THEPUBLiC R _ / 11 < c z R 00 R a� =gig RECORDS OF I � � —iCOUNTYoms — itALLEY , zALLEY -_�PioPERv RL4OUNDARY U w� Dr LAND USE: VACANT -- - �- 15'EX DE -1 2 —__WAY I BUFFER J)�J� ZONING: A t RIGHT OF t r10 TVPE'A' I II ml 10'TYPE'A __ ___ BUFFER d 15' EX. LEE------ --------- -------- ,ZONING: MPUD- PEDESTRIAN INTERCONNECTION - AND USE: COMMERCIAL TO MARKET STREET -------------- -- —_—_--_ FxisnNL siD.LK— a 7 f 31 ft PI SW � �w� 3161PISW VMAWSW — GDIdm Gate Hip Sc6oW e RADIO ROAD L z a` I PROJECT LOCATION ess MASTER PIAN NOTES: 1, THIS MASTER PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO CHANGES DUE TO AGENCY REVIEW AND SITE CONDITIONS. 2. ACREAGE, AND THE DESIGN, LOCATIONS AND CONFIGURATIONS OF THE LAND IMPROVEMENTS ARE APPROXIMATE AND SUBJECT TO REFINEMENT AT THE TIME OF THE SDP OR PLANS AND PLAT APPROVAL 3. PER THE DEVELOPER AGREEMENT DATED FEBRUARY 20, 2007 BETWEEN WATERWAYS JOINT VENTURE VII AND COLLIER COUNTY, FLORIDA. RECORDED IN OR BOOK 4187 PAGE 2310-23240E THE PUBLIC RECORDS OF COLLIER COUNTY, AS AMENDED BY FIRST AMENDMENT IN OR BOOK 4348 PAGE 1510-1513 OF THE PUBLIC RECORDS OF COLLIER COUNTY, THERE IS NO NATIVE VEGETATION PRESERVE REQUIREMENT ON THIS PARCEL. SCHEDULE OF DEVIATIONS: DEVIATION #1 SEEKS RELIEF FROM LDC SECTION 6.06.01A, "STREET SYSTEM s" REQUIREMENTS," WHICH REQUIRES MINIMUM LOCAL STREET RIGHT-OF-WAY s �_ WIDTH OF 60 FEET, TO ALLOW FOR A 50 -FOOT RIGHT-OF-WAY MINIMUMWIDTH m= 6c Y— - FORTHE PRIVATESTREETS. Z'" -2y W,eku DEVIATION #2 SEEKS RELIEF FROM LDC SECTION 5.06.02.B.5, "ON -PREMISES s a DIRECTIONAL SIGNS", WHICH REQUIRES ON -PREMISES DIRECTIONAL SIGNS TO BE ad SETBACK MINIMUM OF IO FEET FROM EDGE OF ROADWAY, PAVED SURFACE OR 8 sa ssi BACK OF CURB, TO ALLOW A MINIMUM SETBACK OF 5 FEET FROM THE EDGE OF 's PRIVATE ROADWAY/DRIVE AISLE. j DEVIATION #3 SEEKS RELIEF FROM LDC SECTION 4.06.05.D.2., " TREES AND m PALMS", WHICH PROVIDES THAT PALMS MAY BE SUBSTITUTED FOR UP TO 30% OF c Fwu Gk^ �. REQUIRED CANOPY TREES, TO ALLOW FOR PALMS TO BE SUBSTITUTED FOR UP TO 6Cm q 0 50% OF REQU I RED CANOPY TRE ES USED TO SATISFY I N DIVI DUAL RES I DENTIAL LOT 0 REQUIREMENTS (OF LDC SECTION 4.06.05.A.1). SEE EXHIBIT G, "STREET TREE PLAN." DEVIATION #4 SEEKS RELIEF FROM LDC SECTION 5.03.02.C, "FENCES AND WALLS" WHICH PERMITS A MAXIMUM WALL HEIGHT OF 6 FEET IN RESIDENTIAL 't „i. COM PON EMS OF A PUD, TO ALLOW AMAXIM UM WALL HEIGHT OF 8 FEE TALONG DAVIS BOULEVARD, AND ALLOW A 30 -FOOT WALL/BERM COMBINATION ALONG DAVISBOULEVARD-2 FEET IN BERM PORTION OF THE IO -FOOT WALL/BERM SHALL BEA m MINIMUM OF 2 FEET IN HEIGHT. Q DEVIATION #5 SEEKS RELIEF FROM LDC SECTION 6.06.02.A, "SIDEWALKS, BIKE m LANE AND PATHWAY REQUIREMENTS", WHICH REQUIRES CONSTRUCTION OF A �. 5 -FOOT WIDE SIDEWALK ON BOTH SIDES OF LOCAL STREETS TO ALLOW A 5 -FOOT SIDEWALK ON ONE SIDE OF THE STREET WHERE A FRONT YARD OR A SIDE YARD ABUT A STREET. NO SIDEWALKS ARE REQUIRED ALONG AN ALLEY. SEE EXHIBIT H, ("ALTERNATIVE SIDEWALK PLAN"). V m z z 0 PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting a rezone from RMF -12(10) to Residential Planned Unit Development (RPUD). The proposed RPUD will allow for up to 7 units per acre and will allow up to 118 townhomes or 85 single-family homes on a 16.8+ acre undeveloped site. The Master Plan provided on the previous page of this Staff Report depicts the areas of residential and recreational area development, lake/water management, and vehicular circulation. The Master Plan also shows that 4.2 acres will be residential area, 0.6 acres will be an amenity area, 2.5 acres are lakes/water management areas, 9.5 acres will be right-of-way/buffers/other open space. A minimum of 10.08 acres or 60 percent open space will be provided. The petitioner proposes the following minimum development standards for the residential principal and accessory structures (except as noted by footnotes): - a residential lot area of 1,100 s.f. to 1,680 s.f; - a residential lot width of 18 to 28 feet; - a residential front yard setback of 12 feet; - a side yard setback of 0 to 10 feet; - a rear yard setback of 5 feet; - a distance of 10 feet between principal structures; - a zoned building height of 35 feet; - an actual building height of 40 feet. The petitioner proposes the following development standards for the recreational area: - no minimum lot area and width; - a front yard setback of 15 feet; - a side yard setback of/� the sum of the building height; - a rear yard setback of 10 feet; - a zoned building height of 35 feet; - an actual building height of 40 feet; - an accessory front and side yard setback of 10 feet; - an accessory rear yard setback of 0 feet. There is a Developer's Contribution Agreement (DCA) (see attachment) between Collier County and the property owner where Collier County purchased a portion of the property to use for a water management pond. The DCA allows the native vegetation preserve requirement to be waived in exchange for the water management pond parcel. The petitioner is providing a 20 -foot wide Type D right-of-way Landscape Buffer along Davis Boulevard. Along Market Street, the adjacent property owner has provided an existing 15 -foot wide Type B Landscape Buffer with a wall. Therefore, the petitioner is providing the required 10 - wide Type A Landscape Buffer adjacent to it. The petitioner is providing a 10 -foot wide Type A Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 5 of 20 Landscape Buffer along the Agricultural zoned property to the south and along the PUD zoned property to the west. The petitioner is seeking 5 deviations. For further information, see the Deviation Section of this Staff Report. SURROUNDING LAND USE AND ZONING: North: Davis Boulevard, a 6 -lane divided minor arterial road; Saddlebrook Village, a multi -family development with a zoning designation of PUD (Planned Unit Development) at 12.96 dwelling units per acre East: Market Street, a 2 -lane local road and strip commercial businesses with a zoning designation of Westport Commerce Center MPUD (Mixed Use Planned Unit Development) South: a FDOT (Florida Department of Transportation) owned water management pond with a zoning designation of RMF -12(10) (Residential Multi -family) and A (Agriculture) West: a preserve area within Cedar Hammock Golf and Country Club, a residential and golf course development with a zoning designation of PUD (Planned Unit Development), at 1.9 dwelling units per acre Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 AERIAL PHOTO Page 6 of 20 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Residential Subdistrict), and is within a residential density band around the I-75/Collier Boulevard Interchange Activity Center, as identified on the Countywide Future Land Use Map of the Growth Management Plan (GMP). Relative to this petition, the Urban Residential Subdistrict allows residential uses at a base density of 4 dwelling units per acre (DU/A) and is eligible for a 3 DU/A density bonus for lying within a density band yielding a total eligible density of 7 DU/A) — as well as associated recreational uses and essential services. This PUD provides for residential uses at a density of 7.0 DU/A (85 single- family DUs or 118 townhouse DUs/16.8 acres), recreational uses and open space. The Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. [Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the requested uses/intensities on the subject site, the compatibility analysis is to be comprehensive and include a review of both the subject property and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc.] In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [This site fronts Davis Boulevard and Market Street. Exhibit C, RPUD Master Plan, depicts a single, direct access to Market Street, a local road. FDOT controls Davis Boulevard and is the permitting agency regarding access on this segment. Direct access onto Davis Boulevard is not proposed.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C, RPUD Master Plan, depicts a private roadway loop that runs inside the project, Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 7 of 20 along with connecting streets and alleys. All vehicular traffic accesses Davis Boulevard (SR 84) indirectly from a single access to Market Street.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The site abuts roads on two sides — Davis Boulevard on the north and Market Street on the east. A preserve area inside the Cedar Hammock PUD abuts the site along the west side, where no interconnection is proposed. A FDOT water management site abuts the site along the south side, again, where no interconnection is proposed.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities, and a range of housing prices and types. [As to walkable communities, the PUD proposes a distinctive walkable design, with sidewalks located on only one side of certain streets. Exhibit E, List of Requested Deviations from the Land Development Code (LDC), requests a deviation from the County's requirement for sidewalks on both sides of the streets and offers an alternative sidewalk plan (Exhibit H). If allowed, this single -side sidewalk will be constructed on the inner perimeter of the loop street internal to the project, and on street -sides opposite recreational areas. Non -vehicular interconnections are not proposed with the abutting properties to the west and south. Pedestrian/bike connections are provided to Davis Boulevard and Market Street. As to a blend of densities and a range of housing prices and types, the PUD provides single- family, detached and attached, single-family zero lot line residences, and townhomes. Common open spaces and civic facilities are provided by more than 60 percent (10.5 acres) of open space including lakes, recreational areas, and other open spaces.] Transportation Element: Staff reviewed the applicant's Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2014 and 2015 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 8 of 20 a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed rezoning to allow a maximum of 85 single-family units on the subject property will generate approximately 91 PM peak hour, peals direction trips on the immediately adjacent roadway link, Davis Boulevard. The current zoning allows a maximum of 168 multi -family units on the property that will generate approximately 92 PM peak hour, peak directional trips on the adjacent roadway link. Therefore, the proposed 85 single-family unit development represents a net reduction of 1 PM peak hour trip. In addition, staff notes that Davis Boulevard is a six -lane divided facility and has a current service volume of 2,900 trips, with a remaining capacity of approximately 1,629 trips between Radio Road and Collier Boulevard, and is currently at LOS "B" (Level of Service `B") as shown in the 2015 AUIR. Staff finds that the proposed project does not significantly impact the adjacent roadway links. There is sufficient capacity to accommodate this project within the 5 -year transportation planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): Environmental Planning staff reviewed the application and found that Developer's Contribution Agreement (OR 4187 PG 2310, see attachment) was approved allowing for the removal of the Preserve requirement for this project. Based upon the above analysis, the proposed PUD may be deemed consistent with the FLUE. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.S., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Utility Review: Public Utilities Department staff has reviewed the petition and recommends approval. Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 9 of 20 Emergency Management Review: Emergency Management staff has reviewed the petition and has no comments. Collier County Public Schools (CCPS) District Review. CCPS staff has reviewed the petition and has stated that there is sufficient capacity within the elementary, middle, and high school concurrency service areas of the proposed development. This finding is for planning and informational purposes only and does not constitute either a reservation of capacity or a finding of concurrency for the proposed project. At the time of site plan or plat, the proposed development would be reviewed for concurrency. This is to ensure there is capacity within the concurrency service area the proposed development is located within, or within adjacent concurrency service areas, such that the level of service standards are not exceeded. Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. An updated listed species survey was provided, which shows no recent use of the subject property by listed species. A preserve is not required on this site in accordance with Developer's Contribution Agreement (OR 4187 PG 2310) number 3, page 3, which states that "no further native preserve pursuant to the LDC shall be required on the remaining parcel." The project does not require Environmental Advisory Council (EAC) review, since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Review: Transportation Planning staff finds this project consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: - The Density of 7 DUA (dwelling units per acre) is similar to the neighboring densities to the north of 6.7 DUA for East Gateway PUD and 8 DUA for Mac PUD and Triad PUD. While the density for the neighboring Cypress Woods PUD to the west is only 1.9 DUA, the residential areas are separated by a distance of at least 1,000 linear feet. Furthermore, the existing residential development to the southwest of the proposed development is separated by a preserve and golf course. The existing residential development to the south of the proposed development is separated by a stormwater management pond and vegetation. Additionally, the proposed development will provide a 10 -foot wide Type A Landscape Buffer along the west and south property boundaries. Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 10 of 20 The proposed building height is a zoned height of 35 feet, and an actual height of 40 feet, similar to the 35 -foot building heights at Saddlebrook Village PUD, Westport Commerce Center PUD, and Cedar Hammock PUD. (Westport Commerce Center PUD can also achieve a height of 60 feet to accommodate architectural elements such as bell towers and Cedar Hammock PUD can achieve a height of 65 feet for multi-famly.) Unique to the proposed development are the location of alleys behind the residences, typical of Traditional Neighborhood Design. This Design element will allow for car parking behind the residences and on -street parking, creating a better pedestrian environment in front of the residences. LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners ... shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plan's compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non -bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning section has indicated that the proposed PUD rezone is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as multi- family residential, single-family residential, public use and commercial. Staff is on the opinion that the land uses proposed in this PUD petition will not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 11 of 20 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends, changing market conditions, specifically the development of the site with residences, and the development of the surrounding area support the proposed PUD rezone. This site is located within an area of development with a mixture of residential and other uses. The proposed PUD rezone is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD rezone, with the commitments made by the applicant, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed rezone represents a net reduction in the number of peak hour trips. Therefore, it will reduce impacts on the public roadway facilities. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan (SDP) or Subdivision Platting (PPL) review. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD rezone will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market value. Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 12 of 20 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The property surrounding the subject site is partially developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that the proposed PUD rezone is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the county that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these residential sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 13 of 20 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The nearby area is located within a residential density band of a mixed-use activity center and is developed or is approved for development of a similar nature. The petitioner will be required to comply with all County regulations regarding drainage, sewer, water, and other utilities. hi addition, the commitments included in PUD Exhibit F adequately address the impacts from the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development plan approval. Both processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 14 of 20 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Analysis Section of this staff report, staff is of the opinion that the proposed project will be compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed rezone represents a net reduction in the number of peak hour trips. Therefore, it will have less impact on the public roadway facilities. Operational impacts will be addressed at time of first development order (Site Development Plan or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property does have the ability to support expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking five deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the five deviations proposed can be supported, Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 15 of 20 finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 MI., the petitioner has demonstrated that the deviations are "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking five deviations from general LDC requirements and has provided justification in support of the deviations. Staff has analyzed the deviation requests and provides the analysis and recommendations below: Deviation # 1 seeks relief from LDC Section 6.06.0l.N, "Street System Requirements," which requires a minimum local street right-of-way width of 60 feet, to allow for a 50 -foot right-of-way minimum width for private streets. Petitioner's Rationale: The applicant states that the justification for this deviation is the size and the small-scale neighborhood character of this project. A 50 foot right-of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50 foot right-of-way accomplishes traffic calming to provide a safer transportation system within the neighborhood. Staff Analysis and Recommendation: Engineering staff has reviewed the proposed deviation along with the related cross section and recommends approval, as the petitioner has demonstrated that the required utilities can be accommodated within the proposed 50 -foot right-of-way. Therefore, Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community." The petitioner has also demonstrated in accordance with LDC Section 10.02.13 13.51. that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations" as it is applied to cluster housing developments such as this with 35 to 40 foot lot widths. Deviation # 2 seeks relief from LDC Section 5.06.02.8.5, "On -Premises Directional Signs," which requires on -premises directional signs to be setback a minimum of 10 feet from edge of roadway, paved surface or back of curb, to allow a minimum setback of 5 feet from the edge of private roadway/drive aisle. Petitioner's Rationale. The applicant states that the justification for this deviation is that the deviation will allow locational flexibility for directional signage internal to the RPUD. A unified design theme will be utilized for all signage throughout the community, thereby ensuring a cohesive appearance and increased aesthetic appeal. All directional signage will meet the Clear sight Distance requirements in accordance with LDC Section 6.06.05. Vincent Acres RPUD, PUDZ-PL20150001945 August2,2016 Page 16 of 20 Staff Analysis and Recommendation: Sign permitting staff has reviewed the proposed deviation and finds that the proposed 5 -foot setback can be accommodated within a compact private residential community safely. Therefore, Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13 B.S.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 43 seeks relief from LDC Section 4.06.05.D.2, "Trees and Palms", which requires that palms may be substituted for up to 30 percent of required canopy trees to allow for palms to be substituted for up to 50 percent of required canopy trees used to satisfy individual residential lot requirements (of LDC section 4.06.05.A.1). See Exhibit G, "Street Tree Plan." Petitioner's Rationale: The applicant states that the justification for this deviation is that on November 19, 2015, Keisha Westbrook and Ashley Caserta of RWA had a meeting with Dan Smith and Nancy Gundlach at the County offices, along with the client. Ashley asked staff about a street tree program for Vincent Acres. Currently the plans are showing an 8 -foot planting area in the ROW between the back of sidewalk and the utility easement. The water main will likely be located under the sidewalk, and the street trees need to be planted 7.5 feet from the water main. That puts the tree on the edge of the planting area, near the utility easement. Dan proposed allowing up to 50% of the plantings in this area to be palms because of their smaller root system that would be less likely to impact the utilities and water main. The goal is the take the tree off of the individual lots and into the ROW Having a street tree program will allow the sidewalk and street to be shaded by trees, and will still account for the one tree per residential lot requirement, with the tree being located in the ROW and not on the individual lots. The community will benefit from the tree - lined sidewalks and streets that will further enhance the walkability of the neighborhood and will allow for the trees to be maintained by the HOA. Staff agreed that a street tree program illustration should be included. See Exhibit G in the PUD document. Staff Analysis and Recommendation: Zoning staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10,02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #4 seeks relief from LDC Section 5.03.02.C, "Fences and Walls" which permits a maximum wall height of 6 feet in residential components of a PUD, to allow a maximum wall height of 8 feet along Davis Boulevard, and allow a 10 -foot wall/berm combination along Davis Boulevard. The berm portion of the 10 -foot wall/berm shall be a minimum of 2 feet in height. Petitioner's Rationale: The applicant states that the justification for this deviation is to allow for additional visual screening and noise attenuation from the significant traffic along Davis Boulevard. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the aesthetic appeal of the proposed community and general area. Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 17 of 20 Staff Analysis and Recommendation: Planning staff has reviewed the proposed deviation and has determined that the proposed 2 -foot high berm will reduce the mass of the wall and make it compatible with the internal and external community. Therefore, Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #5 seeks relief from LDC Section 6.06.02.A, "Sidewalks, Bike Lane and Pathway Requirements", which requires construction of a 5 -foot wide sidewalk on both sides of local streets to allow the Alternative Sidewalk Plan. See Exhibit H, "Alternative Sidewalk Plan." Petitioner's Rationale: The applicant states that the justification for this deviation is to create a pedestrian friendly neighborhood design. The project will have a sidewalk network that connects all of the units with several nearby open green spaces. Additionally, a loop sidewalk that will surround the pond for a pedestrian amenity is proposed. Sidewalks will be provided on one side of the loop road Approximately 6,670 linear feet of sidewalk is depicted on the Alternative Sidewalk Plan, including the pond loop and sidewalks through the central green space. If the sidewalk is included around the main loop road, and omitted from around the pond, the linear feet would be approximately 7,560, or 890 linear feet less. Although there will be less linear feet of sidewalk, the neighborhood sidewalk network will be complete and keeps pedestrians internal to the project and near open green/pond space as opposed to walking on the outside of the loop road. Habitat for Humanity of Collier County desires to promote activity and interaction internal to the project by creating a vibrant pedestrian/social/community realm that is separate from the vehicular use areas. A higher degree of connection and potential for activity will be achieved with this alternative plan that is safer for pedestrians. The Alternative Sidewalk Plan provides a comprehensive interconnected network which allows residents to safely and easily get to and from and given points within the community. Coupled with the Street Tree Program, the Alternative Sidewalk Plan provides increased aesthetics and mobility. See Exhibit H Alternative Sidewalk Plan, which depicts the sidewalk network within the development. Staff Analysis and Recommendation: Zoning staff recommends APPROVAL of this deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on March 21, 2016. For further information, please see Attachment: "Transcript of the Neighborhood Information Meeting." Vincent Acres RPUD, PUDZ-PL20150001946 August 2, 2016 Page 18 of 20 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDA-PL20150001945, revised on July 29, 2016. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-PL20150001945 to the Board of County Commissioners with a recommendation of approval. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Developer's Contribution Agreement Attachment C: Density Map Attachment D: Transcript of the Neighborhood Information Meeting Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 19 of 20 PREPARED BY: •AICP, PLA PRINCIP FLAN ER ZONING DIVISION REVIEWED BY: RA V. BELLOWS, ZONING MANAGER ZON DIVISION MIKE BOSI, AICP, DIRECTOR ZONING DIVISION APPROVED BY: J MES FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT `r DAVID S. WILKISON, DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT Vincent Acres RPUD, PUDZ-PL20150001945 August 2, 2016 Page 20 of 20 D 1TE' DATE DATE 7 .2G -/G DATE DATE ORDINANCE NO. 16 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL MULTI -FAMILY -12 DISTRICT (RMF -12 (10)) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE VINCENT ACRES RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 85 SINGLE FAMILY RESIDENTIAL DWELLING UNITS OR 118 TOWNHOUSE RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED WEST OF COLLIER BOULEVARD AT THE SOUTHWEST CORNER OF DAVIS BOULEVARD AND MARKET STREET IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 16.8 +/- ACRES; PROVIDING FOR PARTIAL REPEAL OF ORDINANCE NO. 93-73; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL20150001945] WHEREAS, Habitat for Humanity of Collier County, Inc., represented by Ashley Caserta of RWA, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Residential Multi -Family -12 District (RMF -12 (10)) to a Residential Planned Unit Development (RPUD) for [15 -CPS -01504) 106 Vincent Acres RPUD /PUDZ-PL20150001945 8/23/16 Page 1 a project to be known as the Vincent Acres RPUD, to allow construction of a maximum of 85 single family residential dwelling units or 118 townhouse residential dwelling units, in accordance with Exhibits A through H attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 93-73 is hereby repealed only as to the real property described in this Ordinance. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA go , Deputy Clerk Approved as to form and legality: �v Heidi Ashton-Cicko Managing Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: PUD Commitments Exhibit G: Street Tree Program Exhibit H: Alternate Sidewalk Plan [15 -CPS -01504] 106 Vincent Acres RPUD /PUDZ-PL20150001945 8/23/16 Page 2 DONNA FIALA, Chairman EXHIBIT A List of Permitted Uses Vincent Acres Residential Planned Unit Development Regulations for development of the Vincent Acres Residential Planned Unit Development (RPUD) shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of applicable development order. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. MAXIMUM DENSITY: There shall be no more than 85 single-family residential dwelling units, or 118 townhouse dwelling units permitted on the f 16.8 gross acres, resulting in a maximum density of 7.0 dwelling units per acre. PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: I. RESIDENTIAL A. Principal Uses: 1. Single-family, detached 2. Single-family, attached 3. Single-family, zero lot line 4. Townhomes 5. Temporary Model homes 6. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA") or Hearing Examiner, as applicable. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to swimming pools, spas, screen enclosures, private garages, and other recreational uses. 2. Gatehouses and other access control structures. Project sales, construction and administrative offices that may occur in residential and/or temporary structures. Page 1 of 11 8{2212016 revision Vincent Acres RPUD RWA File 050117.03.02 PUDZ-PL20150001945 EXHIBIT A List of Permitted Uses Vincent Acres Residential Planned Unit Development 4. Mail Kiosks. 5. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (`BZA") or Hearing Examiner, as applicable. II. RECREATIONAL AREA A. Principal Uses: 1. Structures intended to provide social and recreational space for the private use of the residents and their guests. 2. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playgrounds, pedestrian/bicycle pathways, and water features. 3. Passive open space uses and structures, such as but not limited to landscaped areas, gazebos, park benches and walking trails. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA") or Hearing Examiner, as applicable. B. Accessory Uses: Passive open space uses and structures, such as but not limited to landscaped areas, gazebos, park benches and walking trails. 2. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. Page 2 of 11 8/22/2016 revision Vincent Acres RPUD RWA File 050117.03.02 PUDZ-PL20150001945 EXHIBIT B Development Standards Vincent Acres Residential Planned Unit Development Exhibit B sets forth the development standards for the land uses within the Vincent Acres RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. Guardhouses, gatehouses, access control structures, clock towers, columns, decorative hardscaping or architectural embellishments associated with the project's entrance features are permitted within the "R" designated area abutting the project's entrance or within the private roadway as depicted on the PUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in actual height. DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES SINGLE- SINGLE-FAMILY RECREATIONAL FAMILY ATTACHED & AREA4 DETACHED SINGLE-FAMILY TOWNHOUSE 4, 5, 4, 5, 6, 7 ZERO LOT LINE 4, 6,7 5, 6, 7 MINIMUM LOT AREA 1,680 S.F. 1,680 S.F. 1,100 S.F. N/A MIN. LOT WIDTH 28 FEET 28 FEET 18 FEET N/A MIN. FRONT YARDI 12 FEET 12 FEET 12 FEET 15 FEET MIN. SIDE YARD2 0 FEET OR 5 '/2 SUM OF 5 FEET 0 OR10 FEET FEET BUILDING HEIGHT MIN. REAR YARDS 5 FEET FROM 5 FEET FROM 5 FEET FROM 10 FEET from EDGE OF EDGE OF EDGE OF Perimeter Buffer or PAVEMENT PAVEMENT PAVEMENT LME MIN. DISTANCE 10 FEET 10 FEET 10 FEET '/2 SUM OF BETWEEN STRUCTURES BUILDING HEIGHT MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT MAX. ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET HEIGHT SINGLE- SINGLE-FAMILY ACCESSORY FAMILY ATTACHED & TOWNHOUSE 4 RECREATIONAL STRUCTURES DETACHED SINGLE-FAMILY AREA 4 4 ZERO LOT LINE 4 MIN. FRONT YARD SPS SPS SPS 10 FEET MIN. SIDE YARD2 SPS 0 OR10 FEET2 SPS 10 FEET MIN. REAR YARDS 0 FEET from SPS SPS SPS Perimeter Buffer or LME MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT MAX. ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET HEIGHT S.P.S. = Same as Principal Structure BH = Building Height (zoned height) Page 3 of 11 8/22/2016 revision Vincent Acres RPUD RWA File 050117.03.02 PUDZ-PL20150001945 EXHIBIT B Development Standards Vincent Acres Residential Planned Unit Development LME = Lake Maintenance Easement 1. Front yard setbacks shall be measured from ROW line and shall allow a 2 -foot separation from the home to the Public Utility Easement. 2. If side yard setback is 0 feet on one side, the other side shall be 10 feet for a total building separation of 10 feet. 3. Garages may be accessed from the rear of the property and will be required to provide a minimum 5 -foot setback to the edge of pavement. The garage may have a 0 -foot setback to the ROW line and alley. 4. All structures shall be set back a minimum of ten (10) feet from the project's southern property line. 5. All residential units shall be no less than 1,000 square feet. 6. A one -car garage shall be provided for each unit. 7. A minimum of three parking spaces per unit shall be provided on site. The garage shall count as one space. Page 4 of 11 8/22/2016 revision Vincent Acres RPUD RWA File 050117.03.02 PUDZ-PL20150001945 LEGEND R RESIDENTIAL RA RECREATIONAL AREA RESIDENTIAL VEHICULAR CIRCULATION LAKE / WATER MANAGEMENT ARROWS - PRIVATE ROW OTHER COMMON OPEN SPACE, RIGHT OF WAY, & BUFFERS LOCATIONS ODEVIATIONS (SEE SHEET 2 FOR DEVIATION SCHEDULE) WATER MANAGEMENT LAKE PROJECT INGRESS/EGRESS , EXISTING 20 -FOOT ACCESS EASEMENT RECORDED IN OR BOOK 4353, PAGE 0445 OF THE OFFICIAL RECORDS OF COLLIER COUNTY TO BE RELOCATEDIN ACCORDANCE WITH THE EASEMENT AGREEMENT FDOT APPROX. POND SITE PER DEVELOPER AGREEMENT RECORDED IN OR BOOK 4187, PAGES 2310-2324 OF THE PUBLIC RECORDS OF COLLIER COUNTY PROPERTY - BOUNDARY ZONING: A LAND USE: VACANT 1YPE'A'„_ -0' TBUFFER J11 L JVIVIIVIPiR1 LAND USE ACREAGE RESIDENTIAL 4.2 AC. ± LAKE / WATER MANAGEMENT 2.5 AC. ± OTHER COMMON OPEN SPACE, RIGHT OF WAY, & BUFFERS 4.5 AC. ± RECREATIONAL 0.6 AC. ± I V I /1L.J I 1 V.O ML. ZONING: PUD LAND USE: PRESERVE BOUNDARY OPEN SPACE: 60% (10.08 AC) MINIMUM OPEN SPACE REQUIRED. 60% (10.08 AC) PROVIDED. MAXIMUM DENSITY: 85 SINGLE FAMILY UNITS OR 118 TOWNHOUSE UNITS r------------------------------------ ----------- ----------------------------- RIGHT F WAY 10' TYPE'A' BUFFER )L/ '— \--------- - -- I JT T I R voEwaucmPl R 0 'y I ��----ALLEY-------- 2 ---ALLEY ' R 0 0 R! n ------------ c 1, SIDEWALK CtYP1 I----------- GH NRA SOFT � WAY \J I RIGHT ------_--- OF F� ' WAY{ R 00 RI 15' EX. DE OS 0 ---------- 15' EX. L _-- 15'EX.LBE' ZONING: MPUD PEDESTRIAN INTERCONNECTION /LAND USE: COMMERCIAL TO MARKET STREET 2016 11:28AM & 200S105011703.02 Vincent Acres RPUO & ERP100025. Plxmmm10501170300 MASTER 57TE PLAA is ALLEY OF WAY RA 1 / 20" LAKE MAINTENANCE PEDESTRIAN INTERCONNECTION EASEMENT TO DAVIS BLVD. — — ExLSnNG ZONING: PUD n LAND USE: MULTI- FAMILY RESIDENTIAL 20' I'(PE D' BUFFER P 11 4 I �d n O x'41 C i1 g r - n x � 1O90 2 RIGHT OF �� 10'TYPE'A' WAY --)Io- F BUFFER x x SIDEWALK (LYP)) n in --- -- ---- ------ -- -- — EX. WALL -- -- " MARKET STREET ---- - -- - -- a (ROW WIDTH VARIES 60' TO 84' WIDE) --- ---` _ - - EXISTING SIDEWALK .. t .„... w -. `gyp" � 05011]0301 MASTER PLAN NOTES: 1. THIS MASTER PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO CHANGES DUE TO AGENCY REVIEW AND SITE CONDITIONS. 2. ACREAGE, AND THE DESIGN, LOCATIONS AND CONFIGURATIONS OF THE LAND IMPROVEMENTS ARE APPROXIMATE AND SUBJECT TO REFINEMENT AT THE TIME OF THE SDP OR PLANS AND PLAT APPROVAL 6 „� , _.. 3. PER THE DEVELOPER AGREEMENT DATED FEBRUARY 20, 2007 BETWEEN 31stSJ 31st ril SW WATERWAYS JOINT VENTURE VII AND COLLIER COUNTY, FLORIDA, 32 SNt RECORDED IN OR BOOK 4187 PAGE 2310-2324 OF THE PUBLIC RECORDS OF COLLIER COUNTY, AS AMENDED BY FIRST AMENDMENT IN s - OR BOOK 4348 PAGE 1510-1513 OF THE PUBLIC RECORDS OF COLLIER Golden G*t }{ COUNTY, THERE IS NO NATIVE VEGETATION PRESERVE REQUIREMENT ON THIS PARCEL 1*1*y 151 • PROJECT LOCATION, m RADIO ROAD aia m JO _tt e�. 4 Affil 4,.�" & f 4 za Acres RPUD & EREI"2 Site R- -%05011 70300 MASTER SITE PUN SCHEDULE OF DEVIATIONS: DEVIATION #1 SEEKS RELIEF FROM LDC SECTION 6.06.01.N, "STREET SYSTEM REQUIREMENTS," WHICH REQUIRES MINIMUM LOCAL STREET RIGHT-OF-WAY WIDTH OF 60 FEET, TO ALLOW FOR A 50 -FOOT RIGHT-OF-WAY MINIMUM WIDTH FOR THE PRIVATE STREETS. DEVIATION #2 SEEKS RELIEF FROM LDC SECTION 5.06.02.B.5, "ON -PREMISES DIRECTIONAL SIGNS", WHICH REQUIRES ON -PREMISES DIRECTIONAL SIGNS TO BE SETBACK A MINIMUM OF 10 FEET FROM EDGE OF ROADWAY, PAVED SURFACE OR BACK OF CURB, TO ALLOW A MINIMUM SETBACK OF 5 FEET FROM THE EDGE OF PRIVATE ROADWAY/DRIVE AISLE. DEVIATION #3 SEEKS RELIEF FROM LDC SECTION 4.06.05.D.2., " TREES AND PALMS", WHICH PROVIDES THAT PALMS MAY BE SUBSTITUTED FOR UP TO 30% OF REQUIRED CANOPY TREES, TO ALLOW FOR PALMS TO BE SUBSTITUTED FOR UP TO 50% OF REQUIRED CANOPY TREES USED TO SATISFY INDIVIDUAL RESIDENTIAL LOT REQUIREMENTS (OF LDC SECTION 4.06,05.A.1). SEE EXHIBIT G, "STREET TREE PLAN." DEVIATION #4 SEEKS RELIEF FROM LDC SECTION 5.03.02.C, "FENCES AND WALLS" WHICH PERMITS A MAXIMUM WALL HEIGHT OF 6 FEET IN RESIDENTIAL COMPONENTS OF A PUD, TO ALLOW A MAXIMUM WALL HEIGHT OF 8 FEET ALONG DAVIS BOULEVARD, AND ALLOW A 10 -FOOT WALL/BERM COMBINATION ALONG DAVIS BOULEVARD. THE BERM PORTION OF THE 10 -FOOT WALL/BERM SHALL BE A MINIMUM OF 2 FEET IN HEIGHT. DEVIATION #5 SEEKS RELIEF FROM LDC SECTION 6.06.02.A, "SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS", WHICH REQUIRES CONSTRUCTION OF A 5 -FOOT WIDE SIDEWALK ON BOTH SIDES OF LOCAL STREETS TO ALLOW A 5 -FOOT SIDEWALK ON ONE SIDE OF THE STREET WHERE A FRONT YARD OR A SIDE YARD ABUT A STREET. NO SIDEWALKS ARE REQUIRED ALONG AN ALLEY. SEE EXHIBIT H, ("ALTERNATIVE SIDEWALK PLAN"). t EXHIBIT D Legal Description Vincent Acres Residential Planned Unit Development A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 3, NORTH 89 DEGREES 43 MINUTES 32 SECONDS WEST FOR 1978.57 FEET, THENCE LEAVING SAID NORTH LINE SOUTH 00 DEGREES 16 MINUTES 31 SECONDS WEST FOR 102.49 FEET TO A POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 60 THROUGH 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE WEST LINE OF SAID MARKET CENTER, SOUTH 00 DEGREES 16 MINUTES 31 SECONDS WEST FOR 1145.18 FEET; THENCE LEAVING THE WEST LINE OF SAID MARKET CENTER, SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST FOR 655.61 FEET TO THE EAST LINE OF TRACT C2, CEDAR HAMMOCK PLAT, AS RECORDED IN PLAT BOOK 32, PAGES 91 THROUGH 108, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST TRACT LINE, NORTH 00 DEGREES 06 MINUTES 06 SECONDS EAST FOR 1057.37 FEET TO AN INTERSECTION WITH A NON-TANGENTIAL CURVE; THENCE EASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, A DISTANCE OF 666.88 FEET, HAVING A RADIUS OF 3,174.04 FEET, THROUGH A CENTRAL ANGLE OF 12 DEGREES 02 MINUTES 17 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 82 DEGREES O1 MINUTE 43 SECONDS EAST FOR 665.65 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. Page 7 of 11 8/22/2016 revision Vincent Acres RPUD RWA File 050117.03.02 PUDZ-PL20150001945 EXHIBIT E List of Requested Deviations Vincent Acres Residential Planned Unit Development Deviation #1 seeks relief from LDC Section 6.06.01.N, "Street System Requirements," which requires minimum local street right-of-way width of 60 feet, to allow for a 50 -foot right-of-way minimum width for the private streets. Deviation #2 seeks relief from LDC Section 5.06.02.B.5, "On -Premises Directional Signs", which requires on -premises directional signs to be setback a minimum of 10 feet from edge of roadway, paved surface or back of curb, to allow a minimum setback of 5 feet from the edge of private roadway/drive aisle. Deviation #3 seeks relief from LDC Section 4.06.05.D.2., " Trees and Palms", which provides that palms may be substituted for up to 30% of required canopy trees, to allow for palms to be substituted for up to 50% of required canopy trees used to satisfy individual residential lot requirements (of LDC section 4.06.05.A.1). See Exhibit G, "Street Tree Plan." Deviation #4 seeks relief from LDC Section 5.03.02.C, "Fences and Walls" which permits a maximum wall height of 6 feet in residential components of a PUD, to allow a maximum wall height of 8 feet along Davis Boulevard, and allow a 10 -foot wall/berm combination along Davis Boulevard. The berm portion of the 10 -foot wall/berm shall be a minimum of 2 feet in height. Deviation #5 seeks relief from LDC Section 6.06.02.A, "Sidewalks, Bike Lane and Pathway Requirements", which requires construction of a 5 -foot wide sidewalk on both sides of local streets to allow a 5 -foot sidewalk on one side of the street where a front yard or a side yard abut a street. No sidewalks are required along an alley. See Exhibit H, ("Alternative Sidewalk Plan"). Page 8 of 11 8/22/2016 revision Vincent Acres RPUD RWA File 050117.03.02 PUDZ-PL20150001945 EXHIBIT F PUD Commitments Vincent Acres Residential Planned Unit Development PUD MONITORING: A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Habitat for Humanity of Collier County, Inc. or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. TRANSPORTATION: A. The proposed development is limited to 92 unadjusted two-way PM weekday peak hour trips consistent with the TIS provided at the time of rezone. B. The owner, or its successors and assigns, shall pay to County its fair share of the cost of any and all traffic signals at the intersection of Davis Boulevard and Market Street. The fair share payment shall be due at time of the first Site Development Plan (SDP) or Plat approval. STORMWATER: A. Owner shall convey to Collier County and FDOT a replacement easement for access to, and maintenance of, the FDOT-owned pond site located south of the PUD property, which will relocate the existing access easement created by the Easement Agreement recorded in OR Book 4353, Page 0445 of the Official Records of Collier County, in accordance with the Easement Agreement. The easement shall be a minimum width of 20 feet and conveyed to Collier County and FDOT at no cost to either entity, free and clear of all encumbrances, prior to SDP approval or plat approval, whichever is first. At the same time, owner shall extinguish the access easement in accordance the Easement Agreement. The replacement easement may be relocated outside of the PUD property upon approval of the County and FDOT. PLANNING: A. Lake Maintenance Easements (LMEs) and Landscape Buffer Easements (LBEs) shall be platted as separate tracts. Page 9 of 11 8/22/2016 revision Vincent Acres RPUD RWA File 050117.03.02 PUDZ-PL20150001945 0 10 20 40 — — — — — — — — — — — — — — — — — — — — — — — — — — — - - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 10' UTILITY ESMT. x � r b t 4AU w, 8' 10' UTI LITY12' ESMT. LOT LINE — — — — — — — — — — MIN.f 15' TYPICAL 10' MIN. 2' T 23' MIN. 1 r m ` M �''"� r a� Ya''T='- 'i3}..: .,::_\�nh w YF6 ax'x d^�'�4 �'� �H ;F la+r'�,,a.,�_'✓'�'. t Ai.l� � -� }, JU I 3 �'1 "!'•£II. �4i 3� 5 � 3jc atl Lr L' i` �.'-'y twit MU' 4 Y� 'ra�'�'� �� ?^r s"'.. 'I 3�'!s �+� q °' � n i � ?` ➢�, a� - '� ti�""k � Si uxF�yyr :._`<� � �!, a }Ih , a"' +i ,�� Kira '@ � rN�ti�,�� :,. v > h' JJ Al y NOTE: NOTE: THIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY, CERTAIN DIMENSIONS AND CONFIGURATIONS MAY ZERO SIDE SETBACK VARY. THE INTENT IS TO DEPICT THE STREET TREE PROGRAM. MINOR CHANGES MAY BE MADE AT PPL. ON THESE LOTS jnulk6610 NIIpPf�ie300 VINCENT ACRES (139159]-095 (139159]-098 RHABITAT FOR HUMANITY h-tea<Om EXHIBIT G ibritla CMi6cafes of gNhorizatbn D701MIRIN6 EB )663 LB 6953 ^'� TYPICAL LOT DETAIL occ.zo3s i .zo N/q T sos 21 REVISION PER OLDER COUNTY COMMENTS 15M MCP 1/11/16 REV* REMAIN EV. BCB um STREET TREE PROGRAM 050117.0301 mrxo 050117.0302 1-7171 1 N: 00\0 11.0. in<ent AcrtsPU 0 2 ne a mg\00 11 PL tlwg PEDESTRIAN TO DAVIS BLVD. 5' SIDEWALK (TYP.)1 \ SIDEWALK LEGEND R RESIDENTIAL RA RECREATIONAL AREA PROPOSED SIDEWALK _ _ = EXISTING SIDEWALK ® OPTIONAL SURFACING MATERIAL MAY BE USED ___ _.... m _ MARKET STREET PEDESTRIAN INTERCONNECTION -' NOTE: EX. SIDEWALK TO MARKET STREET THIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY. CERTAIN DIMENSIONS AND CONFIGURATIONS MAY VARY. THE INTENT IS TO DEPICT THE ALTERNATIVE SIDEWALK PLAN. MINOR CHANGES MAY BE MADE AT PPL. AM&1 W510501170302 VincentAcres RPUD&ERM0002SiMMle iiw10005011J03005MEWALKEXHIBII.DWD Location Map Zoning Map Ga�eQ �\aya PROJECT > LOCATION a m Radio RD L JO 0" Oa 0 J m d O U attlesnake Hammock RD Location Map Zoning Map LEGEND R RESIDENTIAL RA RECREATIONAL AREA �— VEHICULAR CIRCULATION —� ARROWS -PRIVATE ROW ODEVIATIONS LOCATIONS (SEE SHEET 2 FOR DEVIATION SCHEDULE) 0 WATER MANAGEMENT LAKE PROJECT INGRESS/EGRESS EXISTING 20—FOOT� ACCESS EASEMENT[l RECORDED IN OR � BOOK 4353, PAGE 0445 OF THE � OFFICIAL RECORDS � OF COLLIER COUNTY TO BE RELOCATED IN ACCORDANCE � WITH THE � EASEMENT I � A'GREEMENT II FDOT APPROX. POND SITE PER I � DEVELOPER � AGREEMENT � RECO DED IN � ORB OK 41871 PAGE � 2310-2324 OF THE PUBLIC RECORDS OF � COLLIER COU�TY �I PROPERTY � BOUNDARY � ZONING: A LAND USE: VACANT 10' TYPE 'A' BUFFER L RIGHT OF WAY SITE SUMMARY LAND USE ACREAGE RESIDENTIAL 4.2 AC. ± LAKE /WATER MANAGEMENT 2.5 AC. ± OTHER COMMON OPEN SPACE, RIGHT OF WAY, &BUFFERS 9.5 AC. ± RECREATIONAL 0.6 AC. ± TOTALS 16.8 AC. RIGHT OF WAY R=,oEwFLK,..P,- -6 ALLEY i R 3 5 RA IN .Y R SIDEWALK (TYP) 0 0 15' EX. DE J_ 10' TYPE 'A' BUFFER RIGHT OF WAY �o 0 OPEN SPACE: 60% (10.08 AC) MINIMUM OPEN SPACE REQUIRED. 60% (10.08 AC) PROVIDED. MAXIMUM DENSITY: 85 SINGLE FAMILY UNITS OR 118 TOWNHOUSE UNITS ZONING: PUD LAND USE: PRESERVE 20" LAKE PROPERTY MAINTENANCE PEDESTRIAN INTERCONNECTION BOUNDARY EASEMENT TO DAVIS BLVD. 11 11 \ 11 EXISTING SIDEWALK 11 11 11 1111 11 — — — I. " ZONING: PUD T 3 I `� '11 LAND USE: M U LTI— 1 " FAMILY RESIDENTIAL J I I I � 111 111 ALLEY � L• � I I 11 20 I I II 11 11 I I 11 I TYPE ' 1 I. 11 I 11 'il I - I \. I gvFFERI l '11 11 9 I 11 RIGHT \ I 11 \ I I I I II11 1111 OF I I I 11 3 WAY O � 11 I I 11 IRII 1 11 M I I � I I I I '1'i lil I I 11 11 I I \ JJ II 2 II I� II RA II ' 5 I � ., (Di I II, pd II II g � SIDEWALK (TYP) ALLEY 3 I �� I o RIGHT OF WAY �1 10' TYPE 'A' \ I I BUFFER I II SIDEWALK (TYP) I V/,' —— —— —— —— —— —— —— —— —— —— —— —— —— �__ —— —— —EX. WALL 15' EX. LBE MARKET STREET ------ II -- - (ROW WIDTH VARIES 60 TO 84 WIDE) �----------J PEDESTRIAN INTERCONNECTION —\, % _ - — — - ZONING. MPUD ' TO MARKET STREET ��— �' LAND USE: COMMERCIAL I I EXISTING SIDEWALK--/--.- July IDEWALK July 29, 2016 11:28 AM %\2005\050117.03.02 Vincent Acres RPUD & ERP\0002 Site Planning\0501170300 MASTER SITE PLAN EXHIBIT.dwg 1, DATE: DESIGNED: 0 AAS o DRAWN: 3 50S 26E O 0 w Q J [-- Q U M F-- U_ u, U Q z o V Q ~ w z O Q N V Zo z rn E o EN—M + n O V iL Q l0 (V X W o m = LU a� m u� z Z ' v ai C O o w Co J J ,o of a � W N .o oU LL — o° Ln z z Q0 1-0 00 z O z O U K U � J O U a: w J O U a: w CI- 0 w CI - 0 w z 0 w w w aa� DATE: DESIGNED: 0 AAS o DRAWN: 3 50S 26E JSM M Ln Q0- D _ J [-- Q U M F-- U_ u, U Q z o V Q ~ w z N Q� V Zo z rn E o EN—M + n O V iL Q l0 (V X W o m = LU a� m u� Z ' v ai C O o w Co J J H- U a � W N .o oU LL — o° Q0 1-0 DATE: DESIGNED: JUNE,2016 AAS o DRAWN: 3 50S 26E JSM PROJECT NO.: Q0- D _ LU V) Q U M F-- OC o � U Q z w m V)w Q Q ~ w z Q > z U w w w p J J H- U a � DATE: DESIGNED: JUNE,2016 AAS SEC: TWP: RGE: DRAWN: 3 50S 26E JSM PROJECT NO.: 050117.03.02 SHEET NUMBER: 1 OF 2 93 'J rp r] 1 st Pw SW 32nd Ave SW Golden Gate High School RADIO ROAD 7! m M 10 i j I :p�-6 n -w; ,v.w 1 st PI SW 0 PROJECT LOCATION O' �v 4:F BSb %a ME 04 � Ceder Hammack Country Club July 29, 2016 11:28 AM K\2005\050117.03.02 Vincent Acres RPUD & ERP\0002 Site Planning\0501170300 MASTER SITE PLAN EXHIBIT.dwg ONE M=v- 951 Forest Glen "Golf & Gauntry Club MASTER PLAN NOTES: 1. THIS MASTER PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO CHANGES DUE TO AGENCY REVIEW AND SITE CONDITIONS. 2. ACREAGE, AND THE DESIGN, LOCATIONS AND CONFIGURATIONS OF THE LAND IMPROVEMENTS ARE APPROXIMATE AND SUBJECT TO REFINEMENT AT THE TIME OF THE SDP OR PLANS AND PLAT APPROVAL 3. PER THE DEVELOPER AGREEMENT DATED FEBRUARY 20, 2007 BETWEEN WATERWAYS JOINT VENTURE VII AND COLLIER COUNTY, FLORIDA, RECORDED IN OR BOOK 4187 PAGE 2310-2324 OF THE PUBLIC RECORDS OF COLLIER COUNTY, AS AMENDED BY FIRST AMENDMENT IN OR BOOK 4348 PAGE 1510-1513 OF THE PUBLIC RECORDS OF COLLIER COUNTY, THERE IS NO NATIVE VEGETATION PRESERVE REQUIREMENT ON THIS PARCEL. SCHEDULE OF DEVIATIONS: DEVIATION #1 SEEKS RELIEF FROM LDC SECTION 6.06.01.N, "STREET SYSTEM REQUIREMENTS," WHICH REQUIRES MINIMUM LOCAL STREET RIGHT-OF-WAY WIDTH OF 60 FEET, TO ALLOW FOR A 50 -FOOT RIGHT-OF-WAY MINIMUM WIDTH FOR THE PRIVATE STREETS. DEVIATION #2 SEEKS RELIEF FROM LDC SECTION 5.06.02.B.5, "ON -PREMISES DIRECTIONAL SIGNS", WHICH REQUIRES ON -PREMISES DIRECTIONAL SIGNS TO BE SETBACK A MINIMUM OF 10 FEET FROM EDGE OF ROADWAY, PAVED SURFACE OR BACK OF CURB, TO ALLOW A MINIMUM SETBACK OF 5 FEET FROM THE EDGE OF PRIVATE ROADWAY/DRIVE AISLE. DEVIATION #3 SEEKS RELIEF FROM LDC SECTION 4.06.05.D.2., " TREES AND PALMS", WHICH PROVIDES THAT PALMS MAY BE SUBSTITUTED FOR UP TO 30% OF REQUIRED CANOPY TREES, TO ALLOW FOR PALMS TO BE SUBSTITUTED FOR UP TO 50% OF REQUIRED CANOPY TREES USED TO SATISFY INDIVIDUAL RESIDENTIAL LOT REQUIREMENTS (OF LDC SECTION 4.06.05.A.1). SEE EXHIBIT G. "STREET TREE PLAN." DEVIATION #4 SEEKS RELIEF FROM LDC SECTION 5.03.02.C, "FENCES AND WALLS" WHICH PERMITS A MAXIMUM WALL HEIGHT OF 6 FEET IN RESIDENTIAL COMPONENTS OF A PUD, TO ALLOW A MAXIMUM WALL HEIGHT OF 8 FEET ALONG DAVIS BOULEVARD, AND ALLOW A 10 -FOOT WALL/BERM COMBINATION ALONG DAVIS BOULEVARD. THE BERM PORTION OF THE 10 -FOOT WALL/BERM SHALL BE A MINIMUM OF 2 FEET IN HEIGHT. DEVIATION #5 SEEKS RELIEF FROM LDC SECTION 6.06.02.A, "SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS", WHICH REQUIRES CONSTRUCTION OF A 5 -FOOT WIDE SIDEWALK ON BOTH SIDES OF LOCAL STREETS TO ALLOW A 5 -FOOT SIDEWALK ON ONE SIDE OF THE STREET WHERE A FRONT YARD OR A SIDE YARD ABUT A STREET. NO SIDEWALKS ARE REQUIRED ALONG AN ALLEY. SEE EXHIBIT H, ("ALTERNATIVE SIDEWALK PLAN"). DATE: DESIGNED: 0 U SEC: TWP: RGE: DRAWN: 3 50S 26E ooUj MDQ M Ln m J r\ 2 OF Ll Lli O V x O 1-0 N z � Ln Zo z rn E o EN—M V)0 4f Q ON X W � J QLn LU Z c oU F__ = Q z0 oc ,o 0z M M M z W a N LL 0 0U LL -�F §o V)V) ww 0 Q0 _z ~ > 00 o = a z >> 00 z LU 0 U W W z W w W O J J 00 J U d 000 W W W5; Ln �� W I I �_i as F DATE: DESIGNED: 0 U SEC: TWP: RGE: DRAWN: 3 50S 26E JSM M Ln m J r\ 2 OF Ll Lli O V x N � � z � Ln Zo z rn E o EN—M V)0 4f Q ON X W � J QLn LU c oU F__ = Q z0 oc z� 0z M M M z W a N LL 0 0U LL -�F §o U 0 Q0 DATE: DESIGNED: JUNE,2016 U SEC: TWP: RGE: DRAWN: 3 50S 26E JSM PROJECT NO.: m SHEET NUMBER: 2 OF x w z Q V)0 ' LU QLn U F__ = Q z0 oc 0z 0 z �o LL LU U UQ Q� _z ~ > Q o = a LU 0 U z W w W O J J U d DATE: DESIGNED: JUNE,2016 AC SEC: TWP: RGE: DRAWN: 3 50S 26E JSM PROJECT NO.: 050117.03.02 SHEET NUMBER: 2 OF GROSS DENSITY UNITS PER ACRE (UPA) 15° 300 600 900 " Feet FOR VINCENT ACRES RPUD AND Prepared by: Beth Yang, AICP Growth Management rtment SURROUNDING PROPERTIES Date: May, 201616 00 u P" Co C -V V h4 PQ � v f=ir v u r— O a cc V--.% �P; O E- U fa � v Q01 o a v� 4 ti M o 00 p N O4 N mo 6t,90 ondN seJod luaouin-St,64000S60Z1d-zand-luauaoaa6d uoiingijluoa siodolonoa :luauayoelly DEVELOPER AGREEMENT MYSTIQUE THIS DEVELOPER AGRE MENT (hereinafter referred to as the "Agreement") is made and entered into this o7 a of 00994viey_, 2007, by and between WATERWAYS JOINT VENTURE VII (hereinafter referred to as the "Developer"), with an address at 14627 Collier Boulevard, Naples, Florida 34120, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended. RECITALS: WHEREAS, Developer is the owner of approximately 30.56 acres of land in unincorporated Collier County, Florida, located on the south side of Davis Blvd. near its intersection with Collier Blvd., which will be residentially developed (hereinafter referred to as the "Development'). A legal description of the Development, together with a graphic rendering, is attached as Exhibit A; and WHEREAS, the Florida Department of Transportation ("FDOT"), as part of the Davis Blvd. expansion project, has identified a 10 -acre portion of the Development as a pond site, together with the necessary easement to access the pond, and an easement for conveyance from Davis Blvd, to the pond site, which pond is necessary for the attenuation of storm water off of the expanded Davis Blvd. A legal description and graphic rendering of this pond site and easement (hereinafter referred to as the "Pond Parcel') is attached as Exhibit B; and WHEREAS, Developer had intended the Pond Parcel to be utilized for both future development and native vegetation preserve pursuant to the County's LDC, and for wetland preserve credit through the Environmental Resource Permit process with the South Florida Water Management District, and Section 404, Clean Water Act permitting with the U.S. Army Corps of Engineers; and WHEREAS, to preserve the Davis Blvd. road project, and to reduce costs of future condemnation, when the presently undeveloped Pond Parcel would be developed, County has offered to purchase the Pond Parcel for the sum of $3,000,000 in impact fee credits, consistent with the County's right-of-way purchase policy; and WHEREAS, Developer is willing to convey to the County the Pond Parcel for the sum of $3,000,000 in impact fee credits, provided that the Developer by doing so will not be in violation of U q.. bQG P a aq any County ordinance or regulation with respect to the Development not having sufficient preserve area and other requirements or violation as a result of the conveyance; and r . !» AMC �CKt=Z 6-4 war - w WHEREAS, the County acknowledges that by conveying the Pond Parcel to the County, a County shall not require the Developer to provide any native vegetation preserve on the remaining 20+/- parcel; and WHEREAS, Developer is willing to freely donate, at no cost to the County, a 50 -foot strip of land adjacent to Davis Blvd. for use in the Davis Blvd. expansion project. A legal description and Attachment B 6178 6) andN s9.J3d;uaauin-GV66000960Z-1d-z(3nd-4u9uaae-J6V uoi1ngp;uo3 sJad01anaa :;uauayoeUV N 00 � ti a d graphic rendering of this right-of-way strip (hereinafter the "ROW Parcel') is attached as Exhibit C; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or c� liquidity of the County's road impact fee trust accounts in such a way as to frustrate a.. c�- or interfere with other planned or ongoing growth -necessitated capital improvements w and additions to the County's transportation system; and • - C. The Proposed Plan is consistent with both the public interest and with the p comprehensive plan, including the most recently adopted five-year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. On or before December 15, 2007, the Developer shall convey to the County both the Pond Parcel (with appropriate easements for access and maintenance) and the ROW Parcel. Both Parcels will be conveyed to the County in fee simple, free and clear of all liens and encumbrances, made by executed Warranty Deeds provided to the Office of the County Attorney, suitable for recording, the general form of which is attached hereto as Exhibit D. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the Warranty Deeds in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to Page 2 of 8 MAI 6ti84) andN savoy 1u93u1n-GV6WOOS oZ-1d-Zand-4uauaa8a6y uoitnquluoa sJadoJana(3 :}uauayoe;;y ce) M a. r d Y County as liquidated damages the sum of $1,000 per day for each day past the deadline that the a Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. Notwithstanding anything to the contrary, County shall have the right, in its sole discretion, to elect not to acquire the Pond Site, by giving Developer written notice of such election no later than December 14, 2007. All provisions of this Agreement shall survive closing and be enforceable by the County and Developer and their successors and assigns. 3. The Pond Parcel is being acquired for public use, in lieu of future condemnation. Accordingly, except with respect to preserve requirements, it is expressly agreed that the provisions of LDC §1.04.04.B (Ordinance No. 2006-07) shall apply to this Development and subsequent set- back for accessory structures shall be no less than 10 feet as shown on Exhibit B. With respect to preserve requirements, any preserve areas proposed by the Developer located in the Pond Parcel shall be mitigated off-site by the County within 1 year from the conveyance of the Pond Parcel to the County. A minimum of 7.3 acres and up to the full 10 acres, if required by South Florida Water Management District, will be mitigated for on a 1:1 basis with like for like habitat through the Conservation Collier or similar program. Following the acquisition, no further native preserve pursuant to the LDC shall be required on the remaining parcel. The Developer will be responsible for any mitigation for any listed species and wetlands impacts mitigation required by any permitting agencies on the northern remaining parcel. Any additional wetlands mitigation resulting from the conveyance of the Pond Parcel shall be the responsibility of the County. 4. Developer shall receive, at closing, as full compensation for the Pond Parcel and easements, the sum of $3,000,000 in Road impact Fee credits which, consistent with the Collier County Consolidated Impact Fee Ordinance, may be used by the Developer and any related joint venture party in the impact fee district of the Pond Parcel, and all adjacent impact fee districts. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement is attached as Exhibit E. These Road Impact Fee credits may be assigned at any time to any another development within the same or an adjacent impact fee district provided that all parties to this assignment of impact fee credits comply with all then -current rules and procedures of the Collier County Impact Fee Administration section, and execute all then -current County approved assignment forms. S. Developer hereby grants County an option to purchase up to an additional three acres adjacent to the Pond Parcel. This additional acreage contains the footprint for approximately 40 dwelling units. The purchase price for exercising the full 3 acre option shall be $2,000,000, or $666,666.67 per acquired acre. Should the County exercise its option to purchase less than 3 acres, the purchase price shall be calculated to equal the acquired land valued at $666,666.67 per acre. If exercised, the County shall use its best efforts to acquire a generally rectangular parcel. This option to purchase shall be exercised by County giving Developer written notice of such election no later than December 14, 2007. In no event may this option reduce the Development to less than 160 dwelling units. Should County exercise this option, the conveyance of this additional acreage to County shall be conducted in the same manner as set forth in Paragraph 2 above, except that payment for this additional acreage shall be in cash, and not in impact fee credits. 6. The credit for Road Impact Fees identified herein shall run with the Development and shall be reduced by the entire amount of each Road impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement Page 3 of 8 w 6VO0 andN saJOV WBouin-016 WOOS 0Z-1d-Zand-4u9ua89J6d uoi1ngp1uoa sJodoIanap :;uauayoe;;V m UK: 4161 N; 4313 with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not onset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. 7. The County will require an approximate 15-20 foot drainage easement to connect Davis Blvd. to the Pond Parcel and an appropriate 20 -foot wide access easement to maintain the Pond Parcel, which easement must be approved by FDOT. This easement will be identified by the parties and dedicated to the County on or before December 15, 2007. It is anticipated that the likely site for this easement will be along the eastern boundary of the Development. To the extent possible, any required buffers or landscaping that will be within the easement boundary will not be installed until the drainage pipe has been laid along the easement. County or FDOT shall supply Developer with all necessary drainage pipes, fencing, and ancillary structures, which Developer, at its sole cost and expense, will install in the drainage easement during the earlier of the construction of the Development or within a commercially reasonable time following written demand by County or FDOT to meet the Davis Blvd. Expansion Project needs. The parties shall cooperate so that this provision can coincide with the Developer's site work. If for whatever reason Developer is not able to commence this work following such written demand, then County or FDOT, at their sole cost and expense, shall do the installation. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the easement in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. 8. It is anticipated that the Developer will need an approximate 15-20 foot wide drainage easement through the Pond Parcel to connect to its outfall. At Developer's written request, County shall promptly provide the Developer with such an easement through a mutually agreed- upon location. All costs associated with this easement shall be paid by Developer. 9. The County will provide the Developer with the ability to upgrade the fencing between the Pond Parcel and the remaining land at the Developer's expense. 10. The County will use its best efforts to obtain all required permits for the storm water pond to be located on the Pond Parcel to be excavated to a depth of at least 20 feet. In any event, on written notice by County or FDOT, Developer at no charge to County or FDOT will construct the storm water pond, in accordance with all plans and specifications provided to Developer. This provision is intended to coincide with the Developer's site work. As full compensation for this construction, Developer will be entitled to keep the excavated material, and will be allowed to utilize the excavated material within the Development. Developer will be responsible for removing and properly disposing of any excess, unsuitable or otherwise unwanted material excavated from the storm water pond. If for whatever reason Developer is not able to construct the storm water pond following such written demand, then County or FDOT, at their sole cost and expense, shall do the construction, and will keep the excavated material. Page 4 of 8 :61780 cindN saJoy;uaouin-gt,66000S�OZ"Id-z(3nd-IuauaaaJ6y uoitngiatuoo siadoIanap :tuauagoetty LO 0o ti a CD V a 11. For a period of one year, commencing with the date first above written, sufficient development trips have been approved and reserved through the normal development review process. During this one year period, Developer may permanently reserve roadway capacity for up to 206 residential units. To exercise this right, Developer shall prepay to County one-half (1/2) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ("Certificate") vesting the Developer's Project to construct up to 206 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements, and unless specifically required by law, the County shall not thereafter withhold the issuance of any Certificate of Occupancy based on the County Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for such units. Payment of these fees vests the Development entitlements for which the Certificate applies on a continuous basis for three (3) years unless otherwise relinquished. This initial 50 percent impact fee payment is non- refundable after payment and receipt of the Certificate. 12. Not later than 90 days prior to the expiration of the three-year period for the Certificate, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent (50%), based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule ar then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable. The Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 13. The Developer may terminate this Agreement if the contemplated conveyance of the Pond Parcel significantly impacts the Developer's ability to develop the remaining land consistent with the conceptual development plan as shown in Exhibit "B" because of permitting restrictions resulting from the pending conveyance. Should Developer so terminate this Agreement, and should Collier County or any other government agency in the future, including but not limited to FDOT, seek to acquire the Pond Parcel through eminent domain proceedings as party of a road project, Developer will accept the sum of $3,000,000 as compensation for the Pond Parcel. The Developer v1 Page 5 of 8 080 OndN savoy;uaouin-SV66000SLOZ'1d-zand-3uau.aaaJBV uoijngij;uo3 siad018nao :1u9ui43e13V reserves the right to make a claim for severance damages to the remainder parcel resulting from such condemnation. This provision shall survive any termination of this Agreement by Developer. 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. .s -I 16. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or C-12 assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said p-' permitting requirements, conditions, terms or restrictions. r~ ca !—+ 17. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of C> this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 18. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.I.C.P. Transportation Division Administrator Phone: (239) 774-8872 Facsimile: (239) 774-9370 Waterways Joint Venture VII: Attn: Richard Davenport 15122 Summit Place Circle Naples, Florida 34120 Phone: (239) 352-6610 Facsimile: (239) 352-1460 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 19. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into Page 6 of 8 6178 6) andN MOV tuaouin-0,66000960Z-1d-z(3nd-1u9ua88J6V uoi1ngp1uo3 si8d018n0o :1u9ua43B41V M ,__• ti this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 20. In the event of a dispute .under this Agreement, the parties shall first use the County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 21. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to ..o the credit has been completed. Such reimbursement shall be made over a period of five (5) years M from the completion of the Development. N KID 22. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this o Agreement, the Agreement may be revoked or unilaterally modified by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT.F -BI.OGK,'Otrk Att By: t - f 1V►+ qM i�rs t. J y eputy Clerk AS TO DEVELOPER: Signed, sealed and delivered in the presence of: Printed Name haie G0A7a(C'z- Printe Name COLLIER COUNTY,• • D /�• �. i /ice: �_'j%� i Waterways Joint Venture VII By: Waterways at Hibiscus, Ltd. Partner and by Waterways Develop ent, In as sole General Partner By: Richard 15avenport, as President of Waterways Development, Inc. Page 7 of 8 Ili : 6178 6) andN saJoV;ua3uin-S1766000S60Z-1d-Zand-4uauaaaj6V uoi;ngia;uoa siodolanap :;uauwyoe;;Nr m _ T v STATE OF COUNTY OF The foregoing instrument was acknowledged before me this �T� day of!' , 2007, by Richard Davenport, as President of Waterways Development, Inc., as General Partner f Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture VII, who is personally known to me or has produced as identification. Notary Pubic Print Name: My Commission Expires: g, n10 r -- T -I r� N STACEY M. LOFTY Approved as to form _ Notary Public - scare of Floft My Commission Expiros Jun 28, 2040 a -n -,k 1 a1 ciency: r' Commission M OD 569M f a- Bonded By National Notery Assn, co Je y A, atzkow oM ging Msistant County Attorney LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit A Legal description and graphic rendering of Development Exhibit B Legal description and graphic rendering of Pond Parcel Exhibit C Legal description and graphic rendering of ROW Parcel Exhibit D Form of Warranty Deed Exhibit E Impact Fee Credit Ledger Page 8of8 Co 0 ti T n. d 00 T -f cs^� N A.. Oo T -I a 0 080 andN saJOV;ue0uin-S'b6WOOS; 0Z"Id-Zand-4u9Lus8jBd uoi;ngij;uoO s.iodolanaa :;uauay3e;;y TRIAD PUD SADDL.EBROOK EAST VILLAGE GATEWAY _ PUD----- PUD DAVIS WULEVMD (SR 84) — — CE RAMI P CEDAR HAMMOCK PUD lonuory J. 2007 1G28 AM OA2005W50117.00.03 0"tioue £natneerine\0001 Genera( cnn■„1—i—N 4nnf 97nnnwe EXHIBIT A vvor/ ui luu ----v 7YVYvvv=PvC. 10 Lullo f.....w ww—v uv!;uy.a}uw j Ojouvloi.vu .}uwwLj �=++v SKETCH & DESCRIPTION THIS IS NOT A SURVEY NORTH QUARTER CORNER. SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST 500'07'06"w 146.59' -� - - DAVIS BOULEVARD (SR 84) - N w E S NW34'06'E 652.88'(P) 653.00'(M) CURVE I RADIUS I LENGTHCHORD LEGAL. DESCRIPTION DELTA Cl 3224.p4 6S6.9Z' A TRACT OF LAND SITUATED IN THE STATE OF 56710'25"W 11'S1'p6" FLORIDA. COUNTY OF COLLIER, LYING IN v SECTION 3, TOWNSHIP 50 SOUTH. RANGE 26 EAST. AND BEING FURTHER BOUND AND o a DESCRIBED AS FOLLOWS: THE WEST ONE HALF to (Wj) OF THE WEST ONE HALF (Wj) OF THE CD N NORTHEAST ONE QUARTER (NES) OF SAID SECTION 3. LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD - STATE ROAD 84• LESS THE FOLLOWING :moo in DESCRIBED PARCEL: BEGINNING AT THE r o SOUTHWEST CORNER OF THE NORTHEAST ONE nt QUARTER (NEJ) OF SAID SECTION 3; THENCE NOC'07'06"E. ALONG THE WEST LINE OF SAID in FRACTION 707.03 FEET; d !° THENCE LEAVING SAID FRACTION LINE o n NBW34'06'E. 652.88 FEET; TO A POINT ON THE o b EAST LINE OF SAID FRACTION, o sn z THENCE SOD' 17'56"W. 704.31 FEET; TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER (NE.}) OF SAID SECTION 3. THENCE S89' 9'38"W. 650.69 FEET; ALONG SAID LINE TO THE POINT OF BEGINNING. NW34'06'E 652.88'(P) 653.00'(M) CURVE I RADIUS I LENGTHCHORD BEARING DELTA Cl 3224.p4 6S6.9Z' 665.73 56710'25"W 11'S1'p6" \. `a E GA DESCRIPTION AS SHOWN POINT OF BEGINNING �� o was TAKEN FROM A RCUNDARY LESS AND EXCEPT PARCEL � LESS AND [XCEPT\ SURVEY PREPARED BY E. CENTER OF SECTION 3. �. PARCEL \ '` DWG. CAROLjj3T5QR 60N, P q TOWNSHIP 50 SOUTH, o \ n DATED 10-09-06 RANGE 26 EAST o \ o \S89-I9'3B"W 650.69' Joncory J. 2007 4:25 Pk 0.\20575\050t17.000J 4/ysrigue Engineerin9\0001 Generol Consuftolion\500170003X4 'Uwg EXHUff A-1 O O co T CL m Y a r,V ate.. d A CD W O ica I l Attachment: Developers Contribution Agreement-PUDZ-PL20150001945-Vincent Acres RPUD (1849 : 6b80 andN saJOV 4UOOuin-St,66000960Z-ld-Zand-IUOWOOJBV uoi;ngpjuoa siado�anaa :}uauayoe;}V DAVIS BOULEVARD (SR 84) 50' ROW PARCEL 1/111mm--- M_: f =;I 7mm- 111 N A' E S cngfrte flg\wvr L,aneror G0nsuw10U0nX,3vUY170003XC.dwg EXHIBIT C IC c r t r h 611780 cindN s8JOV;uaDUTA-S1,66000960Z'ld-z(ind-IUBWaa.16V uoi;nglj;uo0 siadolana0 :lU8Wt43e;1V POINT OF COMMENCMENT CENTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST SKETCH & DESCRIPTION THIS IS NOT A SURVEY N w E s DAVIS BOULEVARD (SR 84) — - - A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NDO'07'06"E ALONG THE SAID CENTER OF SECTION LINE 2630.33' TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CENTER OF SECTION LINE, N00'07'06"E, 51.53 FEET; TO A POINT ON THE SOUTH RIGHT-OF-WAY OF (SR 154) DAVIS BOULEVARD, THENCE ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A CIRCULAR CURVE TO THE RICHT BEING CONCAVE TO THE SOUTH 666.92 FEET, HAVING A RADIUS OF 3224.04 FLET, THROUGH A CENTRAL ANGLE OF 11'51'08" BEING SUBTENDED BY A CHORD WHICH BEARS N82'10'25'E. FOR 665.73 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOO' f 7'56"W. 50.04 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, BEING CONCAVE TO THE SOUTH 567.01 FEET, HAVING A RADIUS OF 3174.04 FEET, THROUGH A CENTRAL ANGLE OF 12'02'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS S82'02'41'W, FOR 665.78 FEET; TO THE POINT OF BEGMINING. A PARCEL OF LAND CONTAINING 0.77 ACRES MORE OR LESS CURVE RADIUS I LENGTH CHORD I BEARING 1 DELTA Cl .5224.04 666.92' 865.73 1 NB2'10'25"E C2 31 74.04667.01' 665.78 582'02'4 VW-, 12'02'23" NOTE: LEGAL DESCRIPTION WAS PREPARED FROM A BOUNDARY SURVEY PREPARED BY; CAROL F. NELSON, P.A. 0 G - LINE DST- BEARING Lf Sf.53' N00`D7'Dfi'E L2 50.04' S00'17'56"w w . #3T'JOr%zo DATED 10-09-06 - f L•- - - - - - - -•- ------ ____----.... Jonuory J. 2007 4,28 PM 0:\9005\0901t7.n0.OS UysGque ing;neerm9\0001 GenerOl Consulfobon\5001170003XC-I.dwg EXHIBIT C-1 61780 afldb s9loy;uaouIA-St,6L000SLOZ-ld-Zand-4u9tuaaj6V uoi;ngia;uoa s.hadolanaa :;ualuyOB111V t 1 r { ; I h` PROJECT NAW- PAFlCFI. PAMW TP.4= FOAM NO. WARRANTY DEED THIS WARRANTY DEED made thts ._.�_ day of _. 20.� , by, (theminatter referred to as "Grantor-). whose post efface boot is ;ADCRRt= SSJ to COLDER COUNTY, a politica! subdivision of the State of Florida, its suooessors and assigns, whose post ofice address is 3301 Tamiarrar Traj! East, Napfos, Florida, 34112 (hereinafter referred to as "Grantee"), (Wherever used therein Me tenths `Glamor and -Grantee- tnatude ail the parties to this Instrument and their Mpective haft, 169W nnxeaentatim, successors and assigns,) MMESSETH. That the Grantor, for and in consideration of the stun of Ten Dollars ($10.00) and other valuable oonsiderativn, receipt whereat is thereby adM0WW98d. hu*bY 9MM, b&Vft sefls, MGM retttlses, releases, conveys and confirms unto the Grantee, d that certain land situate in t^,,oltier County. Flo i , to wit: Svc Attaohad EaAhfbi W w" is inooWoraled heroin by mwenre. Stator at to ew n w ts. Msuwona. and reservation of record. This to NOT the Homestead property of the Grantor. TOGETHER vM IN the tenements, hereditaments and appurtonarms thereto befo i or In anywise appefta aft TO HAVE AND TO HOLD the aanhe in fee Simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is IawfuCy seized of saw Land in tela simple; that the Grantor has good right and (awful authority to sell and convey sand land; that the Grantor hereby fully warrants the fine to said land and will defend the same against the tawful claims of ail poisons whomsoever, and Lha! said land is free of all encumbrances except as noted above. IN WETNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written, MWESSM (Siyrhature) _. (Print FUN Name) (Print Full Nanta) Ey: ,.. (GRANTOR NAME] 9 6b80 andN saJOV ZUBOUTA-S'b6�000960Z-ld-Zand-IuauaaaJBd uoi;nqu;uoa siadoianaa :;uauayoe;;y EXHIBIT E ~ DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER r u! Mipaa we ledger.. Beginning Belamel $33,,0 .WO. Ln 0 0 a. d Y m n. N n� 97.B.g Vincent Acres RPUD Neighborhood Information Meeting Date: March 21, 2016 Time: 5:30pm Location: New Hope Ministries Patrick Vanasse of RWA began the NIM meeting at 5:30pm Ashley introduced herself; Patrick Vanasse, Community Development Director with RWA, Inc.; Nancy Gundlach, Principal Planner with Collier County Community Development and Environmental Services; Rebecca Paratore from Habitat for Humanity; and Nick Kouloheras from Habitat for Humanity. Patrick went over the purpose of Habitat for Humanity and their mission to provide affordable housing. He mentioned this will be a flagship project with lots of landscape, design and architectural features. Location is at the southwest corner of Davis Boulevard and Market Street The site encompasses 16.8 acres Currently zoned as Residential Multi -Family 12(10) Current Zoning allows for up to 7 units per acre Rezone request is to allow up to a maximum of 85 single family residential dwelling units or 118 townhouse residential dwelling units Patrick Vanasse went over the location using aerial exhibits, and neighboring zoning and briefly summarized the project. The allowed uses are single family detached, single family attached, zero lot line and townhouse units. We are not asking for multifamily in this project. The project will include amenities like a tot lot, interconnected sidewalks and a street tree program. Patrick displayed the Plats and Plans site plan. He informed the group that the PPL & Zoning applications are under review. The access point will be along Market Street with a large lake and buffer along Davis Blvd. and buffering all around. Over 60% of the project will be green space. There is a park area at the center that is intended to be the center of the community. We have created a circular road all the way around that will be 2 way traffic with some on street parking and we have created alleyways for loading. Each until will have 3 parking spaces and there will be plenty of overflow parking. We will also have a street tree program and single family homes versus the duplexes Habitat has used typically. As part of this the lots are a little shallow and we have created the street tree program. Trees along the roadways for shade for pedestrians and a nice aesthetic. As part of this project an HOA will be created for the community. The HOA will be Packet Pg. 1806 responsible for all common areas within the community. Patrick showed the PPL Application and a few renderings. The units will be 2 story units, single family with different types of facades and elevations. The entrance will look to a central round -a -bout with some sort of architectural feature to be a focal point. We want people to be proud of where they live. Q: What is the square footage for the units? A: Nick — The total under air square footage is roughly 1300 Q: 79 Units? A: Patrick: yes 79 units. Patrick — It doesn't look like we have a lot of questions so I'm going to go ahead and share with you the next steps. We are currently under review. Nancy is our planning reviewer. We are probably one more round of comments away from going to public hearing. We are going to go to the Planning Commission and after the Planning Commission we are going to board for final approval. The Planning Commission provides recommendations to the Board and the Board has final say to approve, approve with modifications or deny any applications. These are all public hearings anyone can attend and if you want to have any of these documents contact me or Nancy. They are all public records as well. Q: Are any of these drawings on a website? Patrick - Not the renderings the county has the whole set of plans & plat and the master plan. These were completed early this morning and we're still working on them to enhance for the public hearings and make the skies nice and blue. Q: Are the homes going to be wood or concrete construction? Nick — we don't have that final answer. We have a floor plan but we have not come to a final decision. The home itself has a floor plan drawing but none of the cut detail sheets yet. It's our goal that we would go vertical on this project not until Jan/Feb 2018. Were still working out all of the kinks. When we finalize the rendering and tweak them I don't mind handing them out. We have a streetscape planting program under review. I would like these details to be exact. Q: But you don't have to do the landscaping code has? Patrick— We are still subject to that but one thing code allows is an alternative street tree program. Instead of trees on individual lots it will be in the ROW. Better shade and within the public area maintained & governed by the HOA. Q: Is the HOA going to do the lawn mowing? Our intention is yes but were still trying to put together costs. We're working with landscaping firm and he is working with his vendors to have some of the materials donated upfront to reduce costs and make the HOA dues affordable. Our goal is for the lawns to be publicly maintained by the HOA. Q: Does the person who owns the house own the lot also? 17.B.g Packet Pg. 1807 Patrick - Yes the home and the lot are sold together. How much will the homes cost? Nick — We typically go based off of what it's appraised at. Our homeowners typically don't make enough for a $200,000 mortgage. They will take back a silent 2nd mortgage. The family will have the smaller loan amount but the sales price will be the higher market price. This is to prevent predatory lenders to come in. and protects the market rate of the surrounding homes. Ex. Cedar Hammock if someone was selling a home there and a real estate agent or appraiser wanted to do a comparison. We want to make sure we are protecting that market price. We want to take away the person who has the non -habitat home having an issue with reselling. Makes it all a level playing field. Rebecca - We sell our houses for our cost. To piggy back on Nick's answer. Q: You said the 2nd mortgage is forgivable? Nick - It's at the discretion of habitat for humanity. It has to be a compelling story. Then we go through the process to do our due diligence. Q: What kind of timeframe are we talking about? Q: (Nick) For public hearing or building? A: From Attendee — Building Nick - The intention is to break ground Jan / Feb 2018. Infrastructure start 4-6 months before that June - July 2017. The site plan is for 79 homes. It would take roughly 12 months to build that. Q: What about the sign in the front? Nick - That's an excellent question. We haven't decided where the sign will go. Q: Will it say Habitat? Nick - All of our modern & newer signs even some retrofitted signs, we want the community to blend in with all of the other communities around. It will look a lot more like the signs for Toll Bros and other communities like that. Just no waterfalls or back lit or fountains. We want communities that are desirable to the people who live there and the surrounding community. Q: What type of architectural restrictions in the HOA? Nick - There will be architectural standards and guidelines to anyone who wants to make changes to the outside has to go through the HOA for approval. They can't even plant anything they want because of the landscape program. It's a management company for the homeowners as well. Q: I saw in Regal some people had brick pavers on some homes but not all of them? Nick - I live in a community where not all concrete driveways and paver driveways. Yes that's an option. I think it's a beautification. Q: If he (the homeowner) has a 2nd mortgage why is he spending money on pavers? 17.B.g Packet Pg. 1808 Nick - It's not uncommon that after people get tax refunds they put money back into their homes. People have to do 500 hours of sweat equity to have a home with us. Patrick - One of the reasons why we support their mission is we have issues in this county dealing with affordable housing. It's not an easy one to come to grasp with. I personally respect the fact that habitat does this without going into taxpayer money. Q: But you are because of the impact fees? Nick - That doesn't come out of the tax payer's dollars Patrick — So this is not a government subsidized program. These are working people who put work in the community they have to put in those 500 hours and they have to pay for their mortgage. It's not a handout like you see in some other government housing. These are people who are trying to get ahead and are willing to work for it. Rebecca Paratore - That impact fee deferral doesn't go to habitat it goes to the buyer. Close of meeting. 17.B.g Packet Pg. 1809 Gor=ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ✓❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A. -F., Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A. -F. APPLICANT CONTACT INFORMATION Name of Applicant(s): Habitat for Humanity of Collier County - Nick Kouloheras Address: 11145 Tamiami Trail East city: Naples State: FL ZIP: 34113 Telephone: 239-775-0036 cell: E -Mail Address: nkouloheras@habitatcollier.org Name of Agent: Ashley Caserta Firm: RWA, Inc. Address: 6610 Willow Park Drive Telephone: 239-643-1115 Cell: Fax: 239-775-0477 City: Naples state: FL E -Mail Address: acaserta@consult-rwa.com Fax: ZIP: 34109 Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 4/15/2015 Page 1 of 16 Goff le* r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Please complete the following information, if space is inadequate use additional sheets and attach to the completed application packet. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: L7 c n Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership Habitat for Humanity of Collier County 1 100 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage or interest: Name and Address % of Ownership If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address I % of Ownership 4/15/2015 Page 2 of 16 CoAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the VlUt=l J, 3LUU IIVIUCI J, AJ C I I C I I I. I CY I I CJ, UI PC11 UICI J. Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 4/15/2015 Page 3 of 16 Goi er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: RMF -12(10) Zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Residential Original PUD Name: N/A Ordinance No.: N/A PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 3 / 50 / 26 Lot: Block: Subdivision: Gator Gate Metes & Bounds Description: Plat Book: 7 Page #: 2 Property I.D. Number: 34690040006 Size of Property: ft. x ft. = Total Sq. Ft. Acres: 16.8 Address/ General Location of Subject Property: Southwest corner of Davis Boulevard and Market Street PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial ❑■ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial 4/15/2015 Page 4 of 16 Coi er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: _/_/ Lot: Block: Subdivision: Plat Book: Page #: Metes & Bounds Description: Property I.D. Number: ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Cedar Hammock Community Development District Mailing Address: 210 N University Dr. Ste 702 City: Coral Springs State: FI Zip: 33071 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: City: State: ZIP: State: ZIP: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: 4/15/2015 Page 5 of 16 Zoning Land Use N ROW and PUD - Saddlebrook Village Multi -family residential S Agricultural Collier County -owned water management E ROW and PUD - Westport Commerce Center Market Street and Commercial W PUD - Cedar Hammock Preserve If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: _/_/ Lot: Block: Subdivision: Plat Book: Page #: Metes & Bounds Description: Property I.D. Number: ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Cedar Hammock Community Development District Mailing Address: 210 N University Dr. Ste 702 City: Coral Springs State: FI Zip: 33071 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: City: State: ZIP: State: ZIP: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: 4/15/2015 Page 5 of 16 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net CoAr County EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 4/15/2015 Page 6 of 16 co ° er Cor�nty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. OT the Aaministrative C,oae Tor Lne iVIIVI proceaural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. 4/15/2015 Page 7 of 16 Co °ley CoHnty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Habitat for Humanity - Nick Kouloheras Address: 11145 Tamiami Trail E. City: Naples state: FL Telephone: 239-775-0036 Cell: E -Mail Address: nkouloheras@habitatcolloer.org Address of Subject Property (If available): City: Naples ZIP: 34113 Fax: 239-775-0477 8684 Davis Boulevard State: FL ZIP: 34112 PROPERTY INFORMATION Section/Township/Range: 3 50 26 Lot: Block: Subdivision: Gator Gate Unit 1 Metes & Bounds Description: Plat Book: 7 Page #: 2 Property I.D. Number: 34690040006 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System X❑ b. City Utility System ❑ C. Franchised Utility System F-1ProvideName: Collier County Public Utilities d. Package Treatment Plant ❑ (GPD Capacity): South System -118 Units e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Provide Name: Collier County Public Utilities Total Population to be Served: 295 for sewer demands & 236 for water demands per FDEP requirements Peak and Average Daily Demands: A. Water -Peak: 164,492 gpd Average Daily: 40,120 gpd B. Sewer -Peak: 118,354 gpd Average Daily: 29,500 gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: March 1, 2017 4/15/2015 Page 8 of 16 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Potable water system for the project will consist of a water main connecting to an existing County water main in Davis Boulevard. A gravity sewer system and lift station will be constructed to serve the project which will discharge into an existing County forcemain in the Market Street right of way. All sewage treatment will occur at Collier County's south plant. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. This project will be served by a gravity shelter will be served by a gravity sewer collection system which will direct flow to a pump station on site. The flow will then be pumped to an existing force main in Roost Road. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 4/15/2015 Page 9 of 16 CoAr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this who is personally known to me or has produced Owner Printed Name day of 201_ by as identification. Notary Public (Name typed, printed or stamped) 4/15/2015 Page 10 of 16 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ■❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary El x❑ ❑ Completed Application with required attachments E 0 ❑ Pre -application meeting notes E 0 ❑ Affidavit of Authorization, signed and notarized 2 x❑ ❑ Notarized and completed Covenant of Unified Control 2 ❑ ❑ Completed Addressing Checklist 2 ❑ ❑ Warranty Deed (s) 3 ❑ ❑ List Identifying Owner and all parties of corporation 2 ❑ ❑ Signed and sealed Boundary Survey 4 0 ❑ Architectural Rendering of proposed structures 4 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 0 ❑ Statement of Utility Provisions 4 0 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 4 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 4 0 ❑ Traffic Impact Study 7 0 ❑ Historical Survey 4 0 ❑ School Impact Analysis Application, if applicable 2 0 ❑ Electronic copy of all required documents 2 0 ❑ Completed Exhibits A -F (see below for additional information)+ E 0 ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) El 0 ❑ Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy El 0 ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ 0 Checklist continued onto next page... 4/15/2015 Page 11 of 16 Col. °ley CoHnty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised PUD document with changes crossed thru & underlined ❑ School District (Residential Components): Amy Lockheart ❑ ❑■ x❑ ❑■ Parks and Recreation: Vicky Ahmad Copy of Official Interpretation and/or Zoning Verification I 1 Emergency Management: Dan Summers ❑ ❑ x❑ ❑ Other: *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: ❑ Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description X Exhibit E: List of Requested LDC Deviations and justification for each X Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart ElConservancy of SWFL: Nichole Ryan ❑■ Utilities Engineering: Kris VanLengen ❑■ Parks and Recreation: Vicky Ahmad 0 Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ 1 City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS Pre -Application Meeting: $500.00 X PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 K Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 7 Legal Advertising Fees: o CCPC: $925.00 o BCC: $500.00 School Concurrency Fee, if applicable: 4/15/2015 Page 12 of 16 Co; . ey Cor�nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 o Mitigation Fees, if application, to be determined by the School District in coordination with the County *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. All checks may be made payable to: Board of County Commissioners 4/15/2015 Page 13 of 16 c0 i ° er CoHnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 EXHIBIT A (To be completed in a separate document and attached to the application packet.) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: CONDITIONAL USES (Optional) 1. DEVELOPMENT STANDARDS Table below sets forth the development standards for land uses within the (type of PUD) PUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. 4/15/2015 Page 14 of 16 EXHIBIT B (To be completed in a separate document and attached to the application packet.) TABLE I RESIDENTIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES SINGLE MINIMUM LOT AREA S.F. PER TWO-FAMILY, CLUBHOUSE/ SINGLE FAMILY S.F. PER UNIT MULTI- DEVELOPMENT STANDARDS UNIT PATIO & RECREATION MINIMUM LOT WIDTH FAMILY ATTACHED & FAMILY FEET FEET ZERO LOT LINE FEET BUILDINGS MINIMUM FLOOR AREA TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA S.F. PER S.F. PER S.F. PER UNIT S.F. PER UNIT S.F. PER UNIT UNIT UNIT MINIMUM LOT WIDTH FEET FEET FEET FEET FEET MINIMUM FLOOR AREA S.F S.F S.F S.F./D.U. N/A MIN FRONT YARD FEET FEET FEET FEET N/A MIN SIDE YARD FEET FEET FEET FEET N/A MIN REAR YARD FEET FEET FEET FEET N/A MIN PRESERVE SETBACK FEET FEET FEET FEET FEET MIN. DISTANCE BETWEEN FEET or BH, FEET FEET FEET N/A STRUCTURES whichever is greater MAX. BUILDING HEIGHT NOT TO FEET FEET FEET FEET FEET EXCEED ACCESSORY STRUCTURES FRONT FEET FEET FEET FEET FEET SIDE FEET FEET FEET FEET BH REAR FEET FEET FEET FEET FEET PRESERVE SETBACK FEET FEET FEET FEET FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE MAX. BUILDING HEIGHT NOT TO SPS SPS SPS or FEET FEET EXCEED S.P.S. = Same as Principal Structures BH = Building Height Footnotes as needed 4/15/2015 GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Setback may be either feet ( ) on one side or feet ( ) on the other side in order to provide a minimum separation between principal structures of feet ( ). Alternatively, if the foot ( ) setback option is not utilized, then the minimum setback shall not be less than feet ( ) and the combined setback between principal structures shall be at least feet ( ). At the time of the application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE II DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT * Whichever is greater ** Per principal structure, on the finished first floor. 4/15/2015 PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA Sq. Ft. N/A MINIMUM LOT WIDTH Ft. N/A MINIMUM YARDS (External) From Immokalee Road Canal ROW Ft. SPS From Future Extension of Collier Blvd. Ft. SPS From Western Project Boundary Ft. Ft. MINIMUM YARDS (Internal) Internal Drives/ROW Ft. Ft. Rea r Ft. Ft. Side Ft. Ft. MIN. DISTANCE BETWEEN STRUCTURES Ft. or sum of Building heights Ft. MAXIMUM HEIGHT Retail Buildings Ft. Ft. Office Buildings Ft. Ft. MINIMUM FLOOR AREA Sq. Ft. ** N/A MAX. GROSS LEASABLE AREA Sq. Ft. N/A * Whichever is greater ** Per principal structure, on the finished first floor. 4/15/2015 ATTACHMENT A PUD Rezone Considerations (LDC Section 10.02.13.13) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Vincent Acres RPUD is located in the Urban Mixed Use -Urban Residential Land Use category. This land use category permits a variety of residential dwelling types and a density of up to 10 units per acre may be allowed. By right, under the current RMF -12 (10) zoning, the project is able to be developed with multi -family homes at 10 units per acre, for a total of 168 units. The property is surrounded by existing and approved development, many of which include single family and multi -family residential projects such as Saddlebrook Village to the north, and the Cedar Hammock community approved for single family and multi -family to the west and south. The property is located along Davis Boulevard near Radio Road and Collier Boulevard and will have direct access onto Davis Boulevard. The project is located adjacent to a mixed- use activity center subdistrict and is within a residential density band. A traffic study has been submitted as part of this application. Public and community facilities and services are available in close proximity. The project will provide the required buffers along its boundaries. Along Market Street, there is an existing landscape buffer tract that is located outside of the subject parcel between the project boundary and the adjacent Market Street ROW. The 10 -foot buffer tract is part of the adjacent Westport Commerce Center MPUD and contains an access easement for access to the subject parcel, as well as a wall and landscaping. As part of the proposed project, a 10 -foot type A buffer is proposed on the west side of the wall. The project will be served by County sewer and water services as well as other utility providers, which already have established infrastructure in the abutting roadway corridors. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Habitat for Humanity of Collier County is the owner of the property and has demonstrated unified control through the various affidavits provided as part of this application. Operation and maintenance responsibility for private areas and facilities shall be assigned to the developer until conveyance to a property owners association. Further, the proposed RPUD Page 1 of 7 12/15/2015 revision Vincent Acres RPUD Rezone Considerations RWA File 050117.03.02 PUDZ-PL20150002012 documents make appropriate provisions for the continued operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The proposed residential development allows single family and townhouse residential uses, ancillary recreational uses, water management lakes, preserves, open space and internal roadways with sidewalks. The proposed project is designed in compliance with the goals, objectives and policies set forth in the Collier County Growth Management Plan (GMP) as follows. The subject property is located within the Urban Mixed Use -Urban Residential Subdistrict, as depicted on the Collier County Future Land Use Map (FLUM). According to the Growth Management Plan (GMP), the purpose of the Urban Mixed Use -Urban Residential Subdistrict is to provide for a variety of residential dwelling types. The Subdistrict permits a base density of four (4) residential units per gross acre. The project is located adjacent to a mixed-use activity center subdistrict and is within a residential density band, therefore, three (3) residential units per gross acre may be added according to the Growth Management Plans Density Rating System. Additionally, the project will provide affordable housing and may be subject to adding an additional eight (8) units per acre. As such, the subject property has the ability to request a maximum of fifteen (15) units per acre. A density of 7 dwelling units per gross acre for a total of 118 residential units is requested. This is consistent with the density rating system of the Growth Management Plan. The subject project is requesting to be considered for the 4 base density units per acre, as well as the 3 density band units per acre and will not be requesting the affordable housing density bonus. The Density Rating System supports this request and the current zoning allows up to 10 units per acre. The proposed project is less impactful than existing zoning. Additionally, the proposed PUD offers many benefits such as the alternative sidewalk plan and the street tree program, both of which will be assets to the community. The subject property's location in relation to existing or proposed community facilities and services constitutes an appropriate area for the development of residential land uses as intended in Objective 3 and Policy 5.5 of the Future Land Use Element (FLUE). The presence of schools, public facilities, medical facilities, office uses, and emergency services within a three-mile radius of the site, as well as water and wastewater treatment services, demonstrate that the proposed residential development will be appropriately served. Some of these facilities include: Collier Area Paratransit Station, Calusa Park Elementary School, East Naples Middle School, Golden Gate High School, Lorenzo Walker Technical High, Walker Institute of Technology, Alternative Schools Summer School, East Naples Branch Library, South Regional Library, Physicians Regional Medical Center, East Naples Fire Control District, Collier County Government offices, and Sugden Regional Park. Page 2 of 7 12/15/2015 revision Vincent Acres RPUD Rezone Considerations RWA File 050117.03.02 PUDZ-PL20150002012 This proposed development addresses GMP objectives including Future Land Use Element (FLUE) Policies 5.3, 5.4, 5.5, 5.6, and 5.7 in that the site is located in an Urban Designated Area with available urban services and existing infrastructure, and it is a Planned Unit Development project that clusters residential development in a designated density band and thereby reduces development pressures in rural and environmentally sensitive areas. Water consumption The proposed development will reduce the amount of water consumed by an estimated amount of 17,000 gallons per day. Parks & Recreation and Schools The proposed project is requesting a maximum of 118 units. If the project were to be developed under the current zoning, a maximum of 168 units may be developed. Assuming that two people live in a given unit, the project would have 236 residents under the proposed rezone and 336 residents under the current zoning for a reduction of 100 people using the parks & recreation and school facilities. Transportation The project's site trip generation is based on the ITE Trip Generation Manual, 9th Edition. The software program OTISS (Online Traffic Impact Study Software, Version 3.1.1.193) is used to create the raw unadjusted trip generation for the project. The ITE equations are used for the trip generation calculations. Based on ITE recommendations, no reductions for internal capture or pass -by trips have been taken into consideration. For the purposes of this TIS, the maximum allowed development consists of 168 residential multi -family dwelling units (refer to Table 1). The associated trip generation is shown in Table 2A. Table 2A Trip Generation (Zoning Maximum Allowed) - Average Weekday Phase 1 ITE Land Size Residential 168 dwelling Condomin units ium/ 24 AM Hour Peak Two - Hour 1,010 Tot 8 PM Peak Hour Page 3 of 7 12/15/2015 revision Vincent Acres RPUD Rezone Considerations RWA File 050117.03.02 PUDZ-PL20150002012 The project proposed PUD rezone trip generation is illustrated in Table 2B. Detailed calculations can be found in Appendix D: Trip Generation Calculations ITE 9th Edition. Table 2B Trip Generation (Proposed RPUD rezone) - Average Weekday 24 Hour PM Peak Hour AM Peak Hour PM Peak Hour Two - Proposed RPUD ITE Size 6 5 3 91 Zoning Maximum 13 Single- 85 6 L 92 Net New Traffic Net Increase (Net 4 (13 (9) (5) 904 19 Family dwellin , 1 The project estimated net new traffic volume shown in Table 2C reflects the highest impact peak hour traffic under proposed rezone conditions (Table 213) versus the zoning maximum allowed conditions (Table 2A). Table 2C Trip Generation (Estimated Net New Traffic) - Average Weekday Development AM Peak Hour E Exi Total PM Peak Hour Ent Ex To Proposed RPUD 17 52 6 5 3 91 Zoning Maximum 13 65 7 6 3 92 Net New Traffic Net Increase (Net 4 (13 (9) (5) 4 (1) As illustrated in Table 2C, from a traffic stand point, the proposed rezone development is less intensive when compared to the maximum allowed under current zoning conditions. Based on the results of this analysis, the development within this project shall be limited to 92 unadjusted two-way PM weekday peak hour trips, allowing for unforeseen impacts on the adjacent roadway network. Please note that for the purposes of calculation of the weekday PM peak hour trip generation of this RPUD, the most current ITE Trip Generation Manual shall be utilized. A more detailed evaluation of applicable access points and nearby intersections will be performed at the time of site development permitting/ platting to determine turn lane requirements, as applicable. Page 4 of 7 12/15/2015 revision Vincent Acres RPUD Rezone Considerations RWA File 050117.03.02 PUDZ-PL20150002012 As set for the in Objective #3 of the GMP, all improvements for the Vincent Acres RPUD are planned to be compliant with land development regulations where applicable and as set forth in our RPUD development standards and deviations. The proposed residential development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE through the proposed uses, internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The proposed residential project will be consistent and compatible with existing and approved residential and institutional uses located adjacent and nearby. The proposed development standards will limit buildings to a maximum height of 35 feet. Vincent Acres will have a unified architectural theme and landscaping, common open space and a recreational amenity area. A 20' Type D buffer will separate the residential project from Davis Boulevard. A 10' Type A buffer will be provided along Market Street in addition to the existing 6 -foot wall and landscape buffer that exists in a buffer tract along Market Street. A 10' Type A buffer will be provided to the west and south. Additionally, the water management lake is located on the north end of the project, providing additional distance from Davis Boulevard. The proposed development is consistent with Objective 7 of the Future Land Use Element of the GMP and Policies regarding Smart Growth, in that it provides an internal network of sidewalks and provides pedestrian and bicycle interconnection to Davis Boulevard and the County's existing and planned pathway system. Moreover, the proposed development will be consistent with Policy 7.4 by developing a compact walkable community with common open space and community amenities. Due to the size and location of this community and the configuration of the preserve on the neighboring project to the west, providing vehicular interconnection with adjacent properties is not practical, it is not consistent with this type of residential development, nor do we believe that it would be a welcomed proposition for the abutting neighborhood. As described above the County's existing and planned pathways system provides adequate access to those properties. The project's compact infill nature, and the Planned Unit Development techniques of this project are consistent with the Urban Designation, Activity Centers and Density Bands of the FLUE in that they promote infill development in the urban area, and promote efficient use of public facilities. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed development is compatible with existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The surrounding land uses consist Page 5 of 7 12/15/2015 revision Vincent Acres RPUD Rezone Considerations RWA File 050117.03.02 PUDZ-PL20150002012 of Davis Boulevard to the north and Saddlebrook Village Apartments. To the east is the Market Street and Westport Commerce MPUD. To the south a +/-13 acre property owned by the County that is the subject of a DCA between the subject 16.8 acre property and the County owned property. Moreover, the surrounding properties have the same Urban Mixed Use -Urban Residential Subdistrict Future Land Use designation as the subject property which allows the same broad category of uses, should any of those properties redevelop in the future. By virtue of the proposed uses, unified architectural theme, development standards, open space and preserves, this residential community is compatible with the surrounding area, especially when considering the separation from other residential uses created by two major roadways and off-site preserve area. The Vincent Acres RPUD will be screened along property lines with buffers and preserves to ensure compatibility between proposed and existing or potential surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed development will meet open space requirements of the Collier County LDC. Usable open space in the form of a recreational area, common areas, pedestrian walkways, central open space areas and lake will exceed the open space requirement for the site. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Public and private improvements and facilities are available for the site. Water and sewer service is available. Roadway capacity is available. Drainage is adequate for the site. Waste management, cable, electric, and telephone services are available. Adequate schools, police, fire, bus, park, and health care facilities are within the proposed development's service area. Payment of impact fees and timing of adequate public facilities certification are mechanisms to assure the development is appropriately serviced. 7. The ability of the subject property and of surrounding areas to accommodate expansion. As explained in responses #3 and #6, the subject property and general area are appropriate for the proposed development. The proposed residential community is an ideal infill project that is compatible with surrounding uses and makes sense for the general area and the specific property. The property is served by adequate public facilities and will provide a quality residential project along Davis Boulevard. Given that the projects development area is confined by 2 major roadways, preserve and existing development on adjacent properties, the future expansion of the proposed project in not feasible. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as Page 6 of 7 12/15/2015 revision Vincent Acres RPUD Rezone Considerations RWA File 050117.03.02 PUDZ-PL20150002012 meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed development conforms with the intent of the PUD regulations by establishing development regulations that are consistent with similar residential developments throughout Collier County and the requested deviations provide design flexibility that will help improve the overall project while not causing any adverse impact the public health, safety and welfare. Page 7 of 7 12/15/2015 revision Vincent Acres RPUD Rezone Considerations RWA File 050117.03.02 PUDZ-PL20150002012 If applicant is CORPORATION, name officers and stockholders. Name and Address Percentage of Ownership Habitat for Humanity of Collier County, Inc. 100% of Folio #s 34690040006 1 1 145 Tamiami Trail East Naples, FL 34113 Dr. Samuel J. Durso, P 1 109 Strawberry Court Marco Island, FL 34145 Michael Mueller, S 1120 Little Neck Court, E-51 Naples, FL 34102 Standard Swihart, VP 789 Regency Reserve Circle Naples, FL 34119 John Cunningham, T 841 Partridge Court Marco Island. FL 34145 Lisa Lefkow, EVP 1490 Nottingham Drive Naples. FL 34109 Nick Kouloheras, EVP 6130 Cypress Hollow Way Naples. FL 34109 Mark Goebel, VP 1 540 Gulfstar Drive, South Naples. FL 34112 Craig, ]ilk, VP 4101 Gulf Shore Blvd. N. 105 Naples, FL 34103 Doug Peterson, VP 849 Swan Drive Marco Island, FL 34145 CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as 8684 Davis Blvd. (Parcel No. 34890040006) Naples, FL 34113-7753 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for vincemAcres planned unit development ( R PUD) zoning. We hereby designate RwA, Inc. legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owor Nchc es l( Woherae, ExecW flabnte for Hurcacr, d Colt r County, Inc. Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this all who is personally known to me or has produced N/A ECC PARAT09E tiiiSS04 FF 025646P R : July 4, 2017EIL hm NtCerxrilers - ---- Owner Printed Name �� -day of November Not (Name typed, pi Nicholas Kouloheras or stamped) 6/3/2014 Page 10 of 15 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1 NicholmKoulohems (print name), as Executive 'Am Pmsident (title, if applicable) of Habitat for Humanity of collier county (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant�contract purchaser=and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize RWA, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ichoEk7Wll rMure Nicholas ° oheras, Signature Exec VP Habitat for Humanity of Collier County, Inc. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and Exec VP of Habitat for Humanity N Collier County, Inc. who IS personally known (type of identification) as identification. STAMP/SEAL REBECCA PARATCRE 1dY CONMIISSI0;4 R FF 025845 EXPIRES: Jelly 4, 2017 Bonded Thry Notcq Public uneennntere CP\08-COA-00115USS REY 3/24/14 November 9, 2015 Date More me on No embe 9, 2015 (date) by of person providing oa or affirmation), as e or who hl3s produ d NWA TPODIICOCR planninp•enieeerin9 Traffic Impact Analysis Vincent Acres Planned Unit Development (PUD) Rezone Collier County, Florida 02/22/2016 Prepared for: RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Phone: 239-597-0575 Prepared bv: Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier Countv Transaortation Methodolo2v Fee — $500.00 Fee Collier Countv Transportation Review Fee — Small Scale Studv — No Fee Vincent Acres — PUD Rezone — TIA — February 2016 Statement of Certification I certify that this Traffic Impact Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. No 47116 jr O'. STATE OF •:�4U . • �. E�C� �. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA P a g e 1 2 Vincent Acres — PUD Rezone — TIA — February 2016 Table of Contents ProjectDescription............................................................................................................ 4 TripGeneration.................................................................................................................5 Conclusions........................................................................................................................ 7 APPENDICES Appendix A: Project Master Site Plan............................................................................... 8 Appendix B: Initial Meeting Checklist.............................................................................10 Appendix C: Excerpts from ITE Trip Generation Manual ................................................ 16 Appendix D: Trip Generation Calculations ITE 9th Edition..............................................19 Trebilcock Consulting Solutions, PA P a g e 1 3 Vincent Acres — PUD Rezone — TIA — February 2016 Project Description The Vincent Acres project is located in the southwest quadrant of Davis Boulevard and Market Street, approximately 0.37 miles west of Collier Boulevard, within Section 3, Township 50 South, Range 26 East, in Collier County, Florida. Refer to Fig. 1— Project Location Map. Fig. 1— Project Location Map e f E _rwJ �'."'� ...fir• _. ..�.. _.....� .� _� J r y e� ■Mc �'•��' WW4I.NO TIS F A PROJECT LOCATION Go gle The site is currently vacant and has a total area of approximately 16.80 acres. In accordance with the previously approved zoning density criterion, the site is allowed to be developed with residential dwelling units having a maximum density of 10 units per gross acre, or 168 dwelling units. The subject project proposes to change zoning classification to a Residential Planned Unit Development (RPUD) to consist of up to 85 single family detached dwelling units. For more details refer to Appendix A: Project Master Site Plan. For purposes of this evaluation, the project build -out year is assumed to be consistent with the Collier County 2021 planning horizon. The project provides a highest and best use scenario with respect to the project's proposed trip generation. Based on the Institute of Transportation Engineers (ITE) Trip Trebilcock Consulting Solutions, PA P a g e 14 Vincent Acres — PUD Rezone — TIA — February 2016 Generation Manual Land Use Code (LUC) descriptions, ITE LUC 210 (Single -Family Detached Housing) and ITE LUC 230 (Residential Condominium/Townhouse) are utilized for the purposes of this analysis. For ITE LUC descriptions refer to Appendix C: Excerpts from ITE Trip Generation Manual. The development program is illustrated in Table 1. Table 1 Development Program Development ITE Land Use Build out ITE Land Use Total Size Land Use Code Year Proposed RPUD Single -Family Detached 85 dwelling Single Family Housing 210 units 2021 Existing Approved Residential Condominium/ 168 dwelling Multi -Family* Townhouse 230* units 2021 Note(s) *As illustrated in the approved Developer Agreement, dated 20 of February, 2007, Exhibit A — "Legal description and graphic rendering of Development'. A methodology meeting was held with the Collier County Transportation Planning staff on November 10, 2015 via email (refer to Appendix B: Initial Meeting Checklist). Connection to subject project is proposed via a full movement access onto southbound Market Street. Trip Generation The project's site trip generation is based on the ITE Trip Generation Manual, 9th Edition. The software program OTISS (Online Traffic Impact Study Software, Version 3.1.1.193) is used to create the raw unadjusted trip generation for the project. The ITE equations are used for the trip generation calculations. Based on ITE recommendations, no reductions for internal capture or pass -by trips have been taken into consideration. For the purposes of this TIS, the maximum allowed development consists of 168 residential multi -family dwelling units (refer to Table 1). The associated trip generation is shown in Table 2A. Trebilcock Consulting Solutions, PA P a g e 15 Vincent Acres — PUD Rezone — TIA — February 2016 Table 2A Trip Generation (Zoning Maximum Allowed) - Average Weekday Phase 1 T24our Two- AM Peak Hour PM Peak Hour y Volume ITE Land Use Size Enter Exit Total Enter Exit Total Residential 168 dwelling Condominium/ 1,010 13 65 78 62 30 92 Townhouse* units The project proposed PUD rezone trip generation is illustrated in Table 2B. Detailed calculations can be found in Appendix D: Trip Generation Calculations ITE 9t" Edition. Table 2B Trip Generation (Proposed RPUD rezone) - Average Weekday 24 Hour Two- AM Peak Hour PM Peak Hour Way Volume ITE Land Use Size Enter Exit Total Enter Exit Total Single -Family 85 dwelling 904 17 52 69 57 34 91 Detached units The project estimated net new traffic volume shown in Table 2C reflects the highest impact peak hour traffic under proposed rezone conditions (Table 213) versus the zoning maximum allowed conditions (Table 2A). Table 2C Trip Generation (Estimated Net New Traffic) - Average Weekday Development Proposed RPUD Zoning Maximum Allowed Net New Traffic Net Increase (Net Decrease) AM Peak Hour Enter Exit Total 17 52 69 PM Peak Hour Enter Exit Total 57 34 91 13 65 78 62 30 92 4 (13) (9) (5) 4 (1) Trebilcock Consulting Solutions, PA P a g e 1 6 Vincent Acres — PUD Rezone — TIA — February 2016 Conclusions As illustrated in Table 2C, from a traffic stand point, the proposed rezone development is less intensive when compared to the maximum allowed under current zoning conditions. Based on the results of this analysis, the development within this project shall be limited to 92 unadjusted two-way PM weekday peak hour trips, allowing for unforeseen impacts on the adjacent roadway network. Please note that for the purposes of calculation of the weekday PM peak hour trip generation of this PUD, the most current ITE Trip Generation Manual shall be utilized. A more detailed evaluation of applicable access points and nearby intersections will be performed at the time of site development permitting/ platting to determine turn lane requirements, as applicable. Trebilcock Consulting Solutions, PA P a g e 1 7 Vincent Acres — PUD Rezone — TIA — February 2016 Appendix A: Project Master Site Plan (1 Sheet) Trebilcock Consulting Solutions, PA P a g e 18 10* TYPE' BUFFER ZONING: A LAND USE; VACANT BOUNDARY v OO TD u•' SITE SUMMARY LEGEND R RESIDENTIAL RA RECREATIONAL AREA t' VEHICULAR CIRCULATION —>• ARROWS - PRIVATE ROW ODEVIATIONS LOCATIONS 11.8 AC ISFE SHEET 2 FOR CEVWTION SCHTFAAEI 0 WATER MANAGEMENT LAKE PROJECT INGRESS/EGRESS 10* TYPE' BUFFER ZONING: A LAND USE; VACANT BOUNDARY v OO TD u•' SITE SUMMARY LAND USE ACREAGE RESIOENTLAL 4.2 ACz LAKE /WATER MANAGEMENT 2.5 AC. t OTHER COMMON OPEN SPACE RIGHT OF WAY. & BUFFERS 9.5 AC. i RECREATIGNAL -AC -E TOTALS 11.8 AC OPEN SPACE: 60% (10.08 AC) MINIMUM OPEN SPACE REQUIRED. 60%(10.08 AC) PROVIDED. MAXIMUM DENSITY: 85 SINGLE FAMILY UNIfSOR 118 TOWNHOUSE UNITS ZONING: PUD LAND USE: PRESERVE 10' TYPE'A' BUFFER BOUNDARY --------------------_---- - I �----- F -- RIGHT---------� --� �/ f O OF I � ----- � wAY I I I I I i I , oo ; ---� -- I RIGHTI T-1 OF I ----------- �1 O3 WAY I t WAY '(9 11O I * T RA OF � R ;/-��R' RIGHT / O I L 1 } 20" LAKE MAINTENANCE EASEMENT L /PEDESTRIAN INTERCONNECTION TO DAVIS BLVD. \I y ZONING: PUD { LAND USE: MULTI- FAMILY RESIDENTIAL y 4 20, TjpE'D' Bu�FER i I A I } f I i WAY � J9 y11 T \J �G) R' I I F I JJ h I l I I !. I O ! I ---------�---- 3 --_j � !, I F O RIGHT 1D' TYPE W I I I 15' EX. DE D5 O OF ' BUFFER . r +1�--------- __ WAY `\ --_"`-___________ 15' EX. LBE PEDESTRIAN INTERCONNECTION TO MARKET STREET --------------- ----------------- EX. MARKET STREET (ROW WIDTH VARIES 60' TO SW WEDE) ZONING: MPUD--------------------------- -----_ `g:5 $cn 'to o g� O� Vincent Acres — PUD Rezone — TIA — February 2016 Appendix B: Initial Meeting Checklist (5 Sheets) Trebilcock Consulting Solutions, PA P a g e 1 10 Vincent Acres — PUD Rezone — TIA — February 2016 INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross Out the items that do not apply, Or NIA (not applicable). Date: November 10. 2015 Time: NIA Location: NIA — Via Email People Attending: Name, Organization, and Telephone Numbers 1) Michael Sawyer. Collier County Growth Management. Division 2) Norman Trebilcock, TCS 3) Ciprian Malaescu, TCS Study Preparer• Preparer's Name and Title: Norman Trebilcock, AICP, PE Organization: Trebilcock Consulting Solutions, PA Address & Telephone Number: 1205 Piper Boulevard, Suite 202, Naples, Fl 34110, ph 239-566-9551 Reviewer(s): Reviewer's Name & Title: Michael Sawyer, Project Manager Organization & Telephone Number: Collier County Transportation Planning Devartment Ph: 239-252-2926 Applicant: Applicant's Name: RWA, Inc. Address: 6610 Willow Park Drive, Suite 200, Naples, FL 34109 Telephone Number: 239-597-0575 Proposed Development: Name: Vincent Acres — PUD Rezone Location: southwest quadrant of Davis Blvd. and Market. Street intersection refer to l e.1 Land Use Type: Residential ITE Code #: LUC 210, LUC 230 Description: This project is approximately 16.79ac in size and it is currently zoned approved for a maximum density of 10 residential units per acre. (Multi -family units as illustrated in the approved DCA). The PUD rezone proposes up to 85 single family dwellingunits. Page 1 of 5 Trebilcock Consulting Solutions, PA P a g e 1 11 Vincent Acres — PUD Rezone — TIA — February 2016 fgg.1—Project Location Map PROJECT LOCATION let,Go gle Zoning: current RMF' —12 Comprehensive plan recommendation: NIA Requested: to allow for PUD rezone Findings of the Preliminary Study: Since estimated net new moiect traffic is less than 50 two-wav oeak hour tries. this stud qualifies for a Small Scale TIS — no sijznificant operational or roadway impacts. From a traffic standpoint, proposed development is less intensive compared to what was originally approved. Our Traffic Impact Analysis (TIA) shall reflect there is no additional net new Qenerated traffic. In ajreemcnt with ITE standards, no pass -by and internal capture rates are considered for this analysis. Study Type: (if not net increase, operational study) Small Scale TTS ® Minor TIS ❑ Major TIS. ❑ Study Area: Adjacent roadways: north — Davis Blvd.; east — Market Street Additional intersections to be analyzed: NIA Horizon Year(s): 2021 Analysis Time Period(s): AM -PM Future Off -Site Developments: NIA Source of Trip Generation Rates: ITE 9`h Edition Page 2 of 5 Trebilcock Consulting Solutions, PA P a g e 1 12 Vincent Acres — PUD Rezone — TIA — February 2016 Reductions in Trip Generation Rates: None: N/A Pass -by trips: N/A Internal trips (PUD): N/A Transit use: N/A Other: N/A Horizon Year Roadway Network Improvements: 2021 Methodology & Assumptions: Non -site traffic estimates: CC 2015 AUIR; CC Traffic Counts Site -trip generation: OTISS Software — ITE LUC 210, LUC 230 Trip distribution method: Engineer's Estimate — refer to FIR. 2 Traffic assignment method: Enginecr's Estimate Traffic growth rate: historical growth rate or 2% minimum Fig. 2 — Project Trip Distribution by Percentage PROJECT TRIP �• "w� ` DISTRIBUTION MAP .�� — } BY PERCENTAGE s-= e N 15% 40°1° 45°% 25% 15°ia =W4. Go gle Page 3 of 5 Trebilcock Consulting Solutions, PA P a g e 1 13 Vincent Acres – PUD Rezone – TIA – February 2016 Special Features: (from preliminary study or prior experience) Accidents locations: NIA Sight distance: NIA Queuing: NIA Access location & configuration: NIA Traffic control: MUTCD Signal system location & progression needs: NIA On-site parking needs: Per CC LDC Data Sources: ITE Trip Generation 50' Edition. CC 2015 AUIR; CC Traffic Counts Base maps: NIA Prior study reports: NIA Access policy and jurisdiction: NIA Review process: NIA Requirements: NIA Miscellaneous: NIA Small Scs[c Ao I ce A 5 (11}.U(1 \folhnclntn�� Fcc $500.00 Minor Study - $750.00 Major Study - $1500.00 Includes 2 intersections Additional Intersections - $500.00 each All fees will be agreed to during the Meth odoloD, meeting and must be paid to Transportation prior to our sign -off on the application. SIGNATURES Normo , TrebU oOp_ Study Preparer—Norman Trebilcock Reviewer(s) Applicant Page 4 of 5 Trebilcock Consulting Solutions, PA P a g e 1 14 Vincent Acres — PUD Rezone — TIA — February 2016 EXHIBIT A Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and ane meeting in Collier County, if needed. "Small Scale Study" Review - No Additional Fee (Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Study Review" - $750 Fee (Includes one sufficiency review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off-site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments/questions. "Maior Study Review" - $1,500 Fee (Includes two intersection analysis and two sufficiency reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data coil ected/assemble d, review of traffic growth analysis, review of off-site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee) Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Page 5 of 5 Trebilcock Consulting Solutions, PA P a g e 1 15 Vincent Acres — PUD Rezone — TIA — February 2016 Appendix C: Excerpts from ITE Trip Generation Manual (2 Sheets) Trebilcock Consulting Solutions, PA P a g e 1 16 Vincent Acres - PUD Rezone - TIA - February 2016 Land Use: 210 Single -Family Detached Housing Description Single-family detached housing includes all single-family detached hornes on individual lots. Atypical site surveyed is a suburban subdivision. Additional Data The number of vehicles and residents had a high correlation with average weekday vehicle trip ends. The use of these variables was limited, however, because the number of vehicles and residents was { often difficult to obtain or predict. The number of dwelling units was generally used as the indepen- dent variable of choice because it was usually readily available, easy to project and had a high corre- lation with average weekday vehicle trip ends. This land Use included data from a wide variety of units with different sizes, price ranges, locations and ages. Consequently, there was a wide variation in trips generated within this category. Other fac- tors, such as geographic location and type of adjacent and nearby development, may also have had an effect on the site trip generation. Single-family detached units had the highest trip generation rate per dwelling unit of all residential uses because they were the largest units in size and had more residents and more vehicles per unit than other residential land uses; they were generally located farther away from shopping centers, employment areas and other trip attractors than other residential land uses; and they generally had fewer alternative modes of transportation available because they were typically not as concentrated as other residential land uses. The peak hour of the generator typically coincided with the peak hour of the adjacent street traffic. The sites were surveyed between the late 1960s and the 2000s throughout the United States and Canada. Source Numbers 1, 4, 5, 6, 7, 8, 11, 12, 13, 14, 16, 19, 20, 21, 26, 34, 35, 36, 38, 40, 71, 72, 84, 91, 98, 100, 105, 108, 110, 114, 117, 119, 157, 167, 177, 187, 192, 207, 211, 246, 275, 283, 293, 300, 319, 320, 357, 384, 435, 550, 552, 579, 598, 601, 603, 611, 614, 637, 711, 735 Trip Geperstion, 9th Edition • Institute of Transportation Engineers Trebilcock Consulting Solutions, PA P a g e 1 17 Vincent Acres — PUD Rezone — TIA — February 2016 Land Use: 230 Residential Condom in ium/Town house Description Res dentia) condom iniumsltownhouses are defined as ownership units that have at least one other owned unit within the same building structure. Both condominiums and townhouses are included in this land use. The studies in this land use did not identify whether the condom iniumsltownhouses were low-rise or high-rise. Low-rise residential condominium/townhouse (Land Use 231), high-rise residential condominium/townhouse (Land Use 232) and luxury condominium/townhouse (Land Use 233) are related uses. Additional Data The number of vehicles and the number of residents had a high correlation with average weekday vehicle trip ends. The use of these variables was limited, however, because the number of vehicles and residents was often difficult to obtain or predict. The number of dwelling units was generally used as the independent variable of choice because it is usually readily available, easy to project and had a high correlation with average weekday vehicle trip ends. The peak hour of the generator typically coincided with the peak hour of the adjacent street traffic. The sites were surveyed between the mid-1970s and the 2000s throughout the United States and Canada. Source Numbers 4, 92, 94, 95, 97,100, 105, 106, 114, 168, 186, 204, 237, 253, 293, 319, 320, 321, 390, 412, 418, 561, 562, 583, 638 Trip Generation, 9th EdAlon • institute ofTransportation Engineers 393 Trebilcock Consulting Solutions, PA P a g e 1 18 Vincent Acres — PUD Rezone — TIA — February 2016 Appendix D: Trip Generation Calculations ITE 9th Edition (3 Sheets) Trebilcock Consulting Solutions, PA P a g e 1 19 Vincent Acres — PUD Rezone — TIA — February 2016 Period Setting ./ Data provided by ITE Specifythe Independent Variable, Time Period, and Calculation Method to be used In the calculation of the number of Trips generated in the analysis -To record any notes, click , Add Notes above. ProlectName VincentAcres- ZoningApproved Analysis Name, Daily Land Use Independent Variable Size Time Period Method Entry Exit Total Iq 230 - ResidentaY L�+ - ellinUrnts �I 168 Weekday Best Fit {LOG}Ej Ca ndominiumfTownhouse Ln(T)=0.87Ln(X}+246 505 505 1010 PraiectName: Mew ACns- Zoning App"d Specify the independent Variable, Time Period, and Celculabon Method tc be used in the calculation of the number of Trips No: generated in the analysis -To record any notes, click - Add Notes above_ PrquctName. VincentAcres-ZoningAppruved Data: 111119!2015 Land Use Independent Variable Size 71me Period Method Entry Exit Total city, 4 230 - Residential Duelling Units�v 168 Weekday, Peak HourO Best Fit (LOG} v V CondominiumlTownhouse Ln(T) = 0-8Ln(X) + 0.26 13 65 78 Stata"o+Ance: ZiaPostal Coda: CavRtly: Ctlent Name: Analyst's Name: Edlllon: ITE -TW 91h E41Ian DW AM P& Hr PM ft Hr Land Use SIM - Enq Eft EO ExK w1by Ealt 20a • Residential Cundw lniumlTownhausa 160 505 505 13 65 62 30 Redudlon 0 0 0 0 0 4 Internal 0 0 0 0 q A Pass -by 0 0 0 0 0 a NOrrpam-by 505 505 13 55 62 30 TOM We 505 13 65 62 80 TotjV Reduction 0 0 0 0 0 d Total Internal 0 0 0 0 0 a Total Passby 0 0 0 0 0 a Tata1 No"assby 505 505 13 BS 62 30 � Cwruey vnJ: Period Setting ./ Data provided by ITE Specifythe Independent Variable, Time Period, and Calculation Method to be used In the calculation of the number of Trips generated in the analysis -To record any notes, click , Add Notes above. ProlectName VincentAcres- ZoningApproved Analysis Name, Daily Land Use Independent Variable Size Time Period Method Entry Exit Total Iq 230 - ResidentaY L�+ - ellinUrnts �I 168 Weekday Best Fit {LOG}Ej Ca ndominiumfTownhouse Ln(T)=0.87Ln(X}+246 505 505 1010 Trebilcock Consulting Solutions, PA P a g e 1 20 Period Setting V Data provided byITE Specify the independent Variable, Time Period, and Celculabon Method tc be used in the calculation of the number of Trips generated in the analysis -To record any notes, click - Add Notes above_ PrquctName. VincentAcres-ZoningAppruved Analysis Name: AM Pk Hr Land Use Independent Variable Size 71me Period Method Entry Exit Total 4 230 - Residential Duelling Units�v 168 Weekday, Peak HourO Best Fit (LOG} v V CondominiumlTownhouse Ln(T) = 0-8Ln(X) + 0.26 13 65 78 Trebilcock Consulting Solutions, PA P a g e 1 20 Vincent Acres — PUD Rezone — TIA — February 2016 Period Setting J Data provided by ITE Specify the Independent Variable, Time Period, and Calculation Method to be used in the calculation of the number of Trips generated in the analysis To record any notes, click - Add Notes above Project Name Vincent Acres -Zoning Approved Analysis Name. PM Pk Hr Land Use Independent Variable Size Time Period Method Entry Exit Total (L 230 -Residential Dwelling Units �� 168 Weekday, Peak Hour v Best Rt (LOG) Q V C and om in i um/Town ho use Ln(T) = 0.82Ln(X) + 0 32 62 30 92 Project Name: Vincent Acres - Proposed PUD No: Date: 11/1012015 City: StateRnaWnoe: ZiplPostal Code: Country: Ciier<i Name Analyst's Nana: Edition: ITE-TGM 91h Edtien Land Use Siwe Daily AM Pk Hr PM Pk Hr ErBy Erit Er6y 13dt Entry Grp 219- Slngle�Faeily0etaehed Housing 8501 452 452 17 52 57 34 Reducllon 0 0 0 0 9 0 Intemat 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Han -pass -by 452 452 17 52 57 34 Tdal 452 452 17 52 57 34 Total Reduction 0 0 0 0 0 0 Total Internal 0 0 0 0 0 0 Total Pass -by 0 0 0 0 0 0 Total Non -pass -by 1 1452 1452 17 52 57 34 (1) LM'e1Arg Vmlr Period Setting ,/ Data provided by ITE Specify the Independent Variable, Time Period, and Calculation Method to be used in the calculation of the number ofTrtps generated in the analysis. To record any notes, click • Add Notes above, Project Name Vincent Acres - Proposed PUD Analysis Name. Daily j Land Use Independent Variable Size Time Period Method Entry Exit Total QL 210 - Single- _. Family Dwelling Units v] 85 Weekday Best Fit (LOG) J tU Detached Housing Ln(T) = 0.92Ln{X) + 2,72 452 452 904 Trebilcock Consulting Solutions, PA P a g e 1 21 Vincent Acres — PUD Rezone — TIA — February 2016 Period Setting J Data provided by ITE Specify the Independent Variable, Time Period, and Calculation Method to be used in the calculation oft" numberofTrips generated in the analysis. To record anynctes,click • AddNotesabove. Project Name: Vincent Acres -Proposed PUD Analysis Name: 1AM Pk Hr Land Use Independent Variable Size Time Period Method Entry Exit Total t� 210 - Single -Family piWeek Dwelling Units Q 85 day, Peak HaurOv� Best Fil (LIN) Detached Housing L-11 10 T=0.7(X)+9.74 17 52 69 Period Setting ✓ Data provided by ITE Specify the Independent Variable, Time Period, and Calculation Methodtc be used in the calculation ofthe number ofTripsgenerated in the analysis. To record any notes, click • Add Notes above. Project Name: Vincent Acres- Proposed PUD Analysis Name; �PMPkHr Land Use Independent Variable Size Time Period Method t� 210 -Single -Family Dwellirg Units vJ 85 Weekday, Peak HourQ Bes#Fit(LiDG} ti Q Detached Housing Lri = 0,9Ln(X) + 0,51 Entry Exit Total 57 34 91 Trebilcock Consulting Solutions, PA P a g e 1 22 MYSTIQUE COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT July 2006 Revised December 2006 Revised June 2007 Revised February 2008 Prepared For: Waterways Joint Venture VII 15122 Summit Place Circle Naples, Florida 34119 (239) 352-6610 Prepared By: Passarella & Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274-0067 Project No. 05 WD11399 TABLE OF CONTENTS 10.02.02 (A) 4. Information Required for Application ........................................................... 1 A. Applicant Information ................................................................................................... I B. Mapping and Support Graphics .................................................................................... 2 C. Project Description and GMP Consistency Determination ........................................... 4 D. Native Vegetation Preservation ..................................................................................... 7 E. 11 F. Surface and Groundwater Management ...................................................................... 15 G. Listed Species ......................................................................................... .................... 16 H. Other ............................ ..... 19 References.................................................................................................................................. 21 LIST OF FIGURES Page Figure 1. Project Location Map LIST OF TABLES Paee Table1. Soil Types............................................................................................................ 2 Table 2. Habitat/FLUCFCS Types and Acreages.............................................................. 8 Table 3. Native and Non -Native Habitat Types and Acreages ........................................ 10 Table 4. Native Habitat Impact Summary ........................................................................ 10 Table 5. SFWMD and COE Wetland Habitat Types and Acreages ................................ 11 Table 6. SFWMD OS W Habitat Types and Acreages ................................................... 11 Table 7. Wet Season Water Level Information................................................................ 12 Table 8. SFWMD and COE Jurisdictional Wetland Impact Summary ............................ 13 Table 9. SFWMD OSW Impact Summary....................................................................... 14 Table 10. Listed Wildlife That Could Potentially Occur on the Mystique Property................................................................................... 17 Table 11. Listed Plant Species That Could Potentially Occur on the Mystique Property................................................................................... 18 iii LIST OF EXHIBITS Page Exhibit A. Aerial with Boundary, Davis Boulevard ROW, and DOT Pond Parcels............ A-1 Exhibit B. Developer's Agreement...................................................................................... B-1 ExhibitC. Resumes.............................................................................................................. C-1 Exhibit D. Aerial with FLUCFCS and Wetlands Map ......................................................... D-1 Exhibit E. FLUCFCS and Wetlands Map............................................................................ E-1 Exhibit F. FLUCFCS and Wetland Map with Topographic Elevations And Water Level Nail Elevations...................................................... .................. F-1 ExhibitG. Soils Map............................................................................................................ G-1 Exhibit H. Conceptual Water Management Plan................................................................. H-1 Exhibit1. Site Plan...............................................................................................................I-1 Exhibit J. Project Boundary with Off -Site Preserves........................................................... J-1 Exhibit K. Project Location with Land Use Designations.................................................... K -I Exhibit L. Aerial with Site Plan and Surveyed Locations of Red -Cockaded WoodpeckerCavity Trees................................................................................... L-1 Exhibit M. Water Level Nail Photographs........................................................................... M-1 iv List of Exhibits (Continued) Exhibit N. Wetland Impact Map...........................................................................................N-1 Exhibit O. Wetland Mitigation Analysis.............................................................................. 0-1 Exhibit P. Water Quality Analysis.......................................................................................P-1 Exhibit Q. Listed Species Survey......................................................................................... Q-1 Exhibit R. Red -Cockaded Woodpecker Nesting Season Foraging Survey....................................................................... R-1 Exhibit S. Red -Cockaded Woodpecker Non -Nesting Season Foraging Survey................................................................S-I Exhibit T. Big Cypress Fox Squirrel Habitat Management Plan ........................................ T-1 Exhibit U. Correspondence from the Florida Department of State Division of Historical Resources....................................................................... U-1 v INTRODUCTION The following Collier County Environmental Impact Statement (EIS) for Mystique (Project) has been prepared in accordance with Chapter 10.02.02 (A) 4. of the Collier County Land Development Code (LDC) (October 30, 1991, as amended February 27, 2004). This EIS (i.e., February 2008) has been revised to address the reduction of the Project's total acreage from 30.56± to 16.80± acres. The Florida Department of Transportation (FDOT) and Collier County Department of Transportation (DOT), as part of the Davis Boulevard (State Road 84) widening improvements, have identified the site's southern 13.00± acres as a proposed pond site (Pond Parcel) and the northern 50± feet (i.e., 0.76± acre) as dedicated right-of-way (ROW) (ROW Parcel). The newly dedicated pond site and ROW uses total 13.76± acres and have been removed from the Project area. A map depicting the revised Project boundary is enclosed as Exhibit A. In order for the Davis Boulevard widening improvement project to proceed on schedule and receive funding from the FDOT, the property owner (Waterways Joint Venture VII) entered into a Developer's Agreement (DA) with Collier County on February 20, 2007 (Exhibit B). The agreement offered Collier County the option of obtaining the ROW Parcel and the Pond Parcel, yet maintained the owner's ability to construct a smaller Project on the remaining acreage (i.e., 16.80± acres) without being in violation of certain land development codes. DA Covenant 3 states, "Following the acquisition, no further native preserve pursuant to LDC shall be required on the remaining parcel." This EIS has been revised to reflect the reduced Project size and the conditions in the DA. 10.02.02 (A) 4. INFORMATION REQUIRED FOR APPLICATION a. Applicant Information Responsible person who wrote the EIS and his/her education and job related environmental experience. Michael Myers and Christopher Ryan of Passarella & Associates, Inc. (PAI) Consulting Ecologists. A copy of Mr. Myers' and Mr. Ryan's resumes are enclosed as Exhibit C. ii. Owners) and agents) name, address, phone number, and e-mail address. Owner: Waterways Joint Venture VII 15122 Summit Place Circle Naples, Florida 34119 (239)352-6610 (239) 353-1645 fax Agents: RWA, Inc Dwight Nadeau 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 (239)597-0575 dhn@consult-rwa.00m b. Mapping and Support Graphics i. General location map. A Project location map is provided as Figure 1 ii. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred feet outside the parcel boundary. This does not mean the applicant is required to go onto adjoining properties. Habitat identification consistent with the FDOT - Florida Land Use Cover and Forms ClassiRcation System (FLUCFCS) (1999) shall be depicted on an aerial photograph having a scale of one inch equal to approximately 200 feet when available from the county. Other scale aerials may be used where appropriate for the size of the Project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. An aerial photograph with the FLUCFCS and wetlands overlaid is enclosed as Exhibit D. Surrounding habitats and land uses are depicted on the aerial photograph. A FLUCFCS and wetlands map of the property is also provided as Exhibit E. iii. Topographic map and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. A topographic map has been provided as Exhibit F. The existing drainage patterns have the northeasterly section draining to Davis Boulevard and the southwesterly section draining to the flow -way to the south. iv. Soils map at scale consistent with that used for FDOT FLUCFCS determinations. A Collier County soils map of the Project is provided as Exhibit G and descriptions of the soils are provided in Table 1. Table 1. Soil Types Soil Unit Description Status 14 1 Pineda Fine Sand, Limestone Substratum I Hydric 21 1 Boca Fine Sand I Non -Hydric ow tr7 .. .. . INS V. Proposed drainage plan indicating basic flow patterns, outfall, and off-site drainage. The proposed conceptual water management plan is enclosed as Exhibit H. vi. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. Not applicable. vii. Site plan showing preserves on-site and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition area, major flow -ways, and potential wildlife corridors. The site plan (scale 1" = 100') is enclosed as Exhibit 1. No on-site preserve is proposed for the Project. A deviation from this LDC requirement was granted by the County as part of the DA for acquisition of the southern, 13± acre Pond Parcel for the future Davis Boulevard widening improvement project. Please refer to the DA for further details (Exhibit B). An aerial with the site plan and its relationship to off-site preserves is provided as Exhibit J. The Cedar Hammock Residential Planned Unit Development (APUD) preserve is located to the west and the Westport Commerce Center preserve is found to the southeast. The Pond Parcel is located to the south. viii. For properties in the RLSA and RFMU Districts, a site plan showing the location of the site and land use designations and overlays as identified in the Growth Management Plan (GMP). The Project is located within a designated Residential Density Band land use and not within the RLSA or RFMU Districts. Please see the Project location with land use designations map enclosed as Exhibit K. Project Description and GMP Consistency Determination Provide an overall description of the Project with respect to environmental and water management issues. The Project is 16.80± acres and is located in Section 3, Township 50 South, Range 26 East, Collier County (Figure 1). The site is situated near the southwest comer of Davis Boulevard and Market Street. Collier Boulevard (County Road 951) and Radio Road are found approximately one half mile to the east and west, respectively. A V'= 200' scale aerial of the Project site is attached as Exhibit A. The Project is bound to the north by a 0.76± acre ROW Parcel and Davis Boulevard; to the east by Markel Street and Westport Commerce Center Mixed Planned Unit Development (MPUD); to the south by a 13.00± acre Pond Parcel; and to the west by Cedar Hammock RPUD. The Pond Parcel and ROW Parcel are part of the future widening improvement project for Davis Boulevard. Davis Boulevard will be widened from two lanes to six lanes. The ROW Parcel will be used for lane expansion and the Pond Parcel will be utilized for a pond site to provide stortnwater storage and attenuation for the roadway project. The proposed Project is for an RPUD. Of the Project's 16.80± acres, 15.36± acres are considered native vegetation. The 1.44± acres of non-native vegetation include greater than 90 percent canopy coverage by melaleuca (Melaleuca quinquenervia) and less than 25 percent canopy coverage of native vegetation. There are 12.72± acres of South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (COE) jurisdictional wetlands on-site. The jurisdictional wetland communities include: Melaleuca, Hydric (FLUCFCS Code 4241); Pine, Hydric, Disturbed (25-49% Exotics) (FLUCFCS Code 6259 E2); and Pine, Hydric, Disturbed (76-100% Exotics) (FLUCFCS Code 6259 E4). A small Borrow Area (FLUCFCS Code 742) constitutes 0.07± acre SFWMD "other surface waters" (OSW). Brazilian pepper (Schinus terebinihijolius) and melaleuca were the dominate exotic species observed on-site and are listed as a Category I invasive exotic by the Florida Exotic Pest Plant Council (EPPC) (2007). The Project will result in 12.72± acres of unavoidable impacts to SFWMD and COE jurisdictional wetlands. To off -set these impacts off-site mitigation is proposed through the purchase of credits at a regionally -approved mitigation bank or the fee simple purchase of acceptable land within the West Collier Drainage Basin. The final mitigation details are in the process of being coordinated with the SFWMD and the COE. Listed plant and wildlife species surveys were conducted by PAI on July 27, 2005, January 6, 2007, and March 16 and 18, 2007. The results of the surveys found one cavity tree and five squirrel nests within the revised Project boundary. Please note that the listed species surveys and red -cockaded woodpecker (Picoides borealis) (RCW) surveys were conducted before the DOT acquired the ROW and Pond Parcels, so they covered the entire 30.56± acres. Since the results of these reports were previously submitted to Community Development and Environmental Services (CDES) in earlier versions of this EIS, for consistency, they have not altered to reflect the smaller acreage. One potential cavity tree (i.e., Cavity Tree No. 1) was identified near the southeast comer of the Project site in the Pine, Disturbed (25-49% Exotics) (FLUCFCS Code 4159 E2) habitat (Exhibit L). A second cavity tree (i.e., Cavity Tree No. 2) is located 300± feet to the southwest of Cavity Tree No. I on the Pond Parcel. Specific non -nesting and nesting season RCW surveys were conducted in December 2005 and May 2006, respectively, on both cavity trees. During the two separate 14 consecutive day surveys, no RCWs were heard or observed at the cavity trees or anywhere else on the Project site and Pond Parcel. On December 12 and 14, 2005 and March 16, 2007, additional surveys for the Big Cypress fox squirrel (Sciurus niger avicennia) (BCFS) were conducted over the Project site and Pond Parcel. Five squirrel nests were observed on the Project site and 12 were located on the Pond Parcel. No BCFS' were found on the Project site; however, one was observed on the Pond Parcel near its southern boundary. The water management for this site consists of one lake collecting run-off through a network of catch basins and swales. The water will be directed to the central water management lake where it will achieve water quality. The control structure is in the southwest comer of the lake and discharges on the west property line of the proposed developed area into a low area of the existing Cedar Hammock preserve. A historical flow -way provides drainage for approximately 140 acres to the east and passes through the Cedar Hammock preserve continuing south to the Lely Manor Canal system. ii. Explain how the Project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the GMP, where applicable. The Project is located in the Residential Density Bands land use. Objective 2.2 of the Conservation and Coastal Management Plan slates: "All canals, rivers, and flow -ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, policy 2.2.2 states: "In order to limit the specific and cumulative impacts of stonnwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system." This Project is consistent with the objectives of Policy 2.2.2 in that it has been designed based upon SFWMD Basis of Review and will be permitted through their agency. All regulations required for Storm Routing and Water Quality will be adhered to. The Project has been designed to accommodate historical flows that enter and exit the site to maintain hydro -periods for surrounding wetlands. All run-off from the site will be directed into a wet detention system which provides water quality treatment in accordance with required regulations prior to discharge into a portion of the Cedar Hammock wetland preserve. The Project will have a perimeter berm at the 25 -year 3 -day storm that detains the run-off on-site and allows an allowable discharge rate of 0.06 cfs/acre. The Project as proposed is consistent with the Policies in Objective 3.1, 4.1, 6.1, 6.2, 7.1, 8. 1, and 11.1 of the Conservation and Coastal Management Element for the following reasons: • The Project will protect the groundwater resources by providing stormwater routing to minimize discharge to the allowable levels as required by Collier County and providing water quality treatment to cleanse the run-off prior to discharge into the adjacent wetlands/outfall. This will minimize the discharge from the site and eliminate over -drainage of the site. • The Project will protect the groundwater resources by providing irrigation for the required areas of the site from the on-site lake by obtaining a Water Use Permit from the SFWMD in accordance with their regulations. This will minimize the impact to the County Potable Water distribution system. • Bike paths and sidewalks will be provided in accordance with the County requirements to allow for pedestrian and bicycle traffic to adjacent roadways and commercial sites adjacent to the Project. • The native vegetation preservation and wetland protection requirements outlined in Objectives 6.1 and 6.2 have been waived per the DA between the applicant and the County (Exhibit B). • The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. • In accordance with Policy 7.1.2, a listed species survey was conducted on the Project site. One inactive RCW cavity tree was identified near the site's southeast comer. Specific RCW surveys, as required by the U.S. Fish and Wildlife Service (USFWS) Draft Standard Local Operating Procedures for Endangered Species (SLOPES) (2002), were conducted and no RCWs were heard or observed on the property. • In accordance with Policy 11.1.2, consultation with the Florida Department of the State has been received. Native Vegetation Preservation i. Idents the acreage and community type ofall upland and wetland habitats found on the Project site, according to the FLUCFCS Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, mid -story, and ground cover) and vegetation dominance (dominant, common, and occasional). An acreage breakdown of the habitat types is provided in Table 2. A description of each FLUCFCS type follows. Table 2. Habitat/FLUCFCS Types and Acreage FLUCFCS Code Habitat Acreage .. Percent of Total, 4119 E2 Pine Flatwoods, Disturbed (25-49% Exotics) 1.23 7.3 4159 El Pine, Disturbed (0-24% Exotics) 2.40 14.3 4241* Melaleuca,Hydric 1.44 8.6 6259 E2 Pine, Hydric, Disturbed (25-49%Exotics) 7.99 47.6 6259 E4 Pine, Hydric, Disturbed (76-100% Exotics) 3.29 19.6 742 Borrow Area 0.07 0.4 747 j Berm 0.38 2.3 Total 16.80 100.0 * Classification is non-native if it includes greater than 90 percent coverage by exotics and has less than 25 percent canopy coverage of native vegetation. Pine Flatwoods Disturbed (25-49% Exotics) (FLUCFCS Code 4119 E2) This upland habitat occupies 1.23± acres or 7.3 percent of the property. The canopy is dominated by slash pine (Pinus elliotlk) while cabbage palm (Sabal palmetto) melaleuca, and ear -leaf acacia (Acacia auriculiformis) are common. The sub -canopy is similar to that of the canopy, except wax myrtle (Myrica cerifera) and Brazilian pepper are also common. The ground cover is dominated by saw palmetto (Serena ravens), spermacoce (Spermaeoce sp.), caesarweed (Urena lobotta), and grapevine (Vilis rotundifolia). Pine Disturbed (0-24% Exotics) (FLUCFCS Code 4159 El) This upland habitat occupies 2.40± acres or 14.3 percent of the property. The canopy is dominated by slash pine while ear -leaf acacia and melaleuca occur occasionally. The sub -canopy is dominated by melaleuca along with occasional Brazilian pepper. The ground cover commonly includes spermacoce, chalky blue stem (Andropogon virginicus), lovegrass (Eragrostis elliottii), chocolate weed (Melochia corchorifolia), fox tail (Setaria parvii lora), and caesarweed. Melaleuca. Hydric (FLUCFCS Code 4241) This low quality wetland habitat occupies 1.44± acres or 8.6 percent of the property. The canopy and sub -canopy vegetation are dominated by melaleuca along with occasional slash pine and cypress (Taxodium distichum). Ground cover vegetation is sparse, but occasionally includes swamp fern (Blechnum serrulatum), sawgrass (Cladium jamaicense), yellow -eyed grass (Xyris Jloridana), and hydrocotyle (Hydrocotyle umbellata). Pine. Hvdric. Disturbed (25-49% Exotics) (FLUCFCS Code 6259 E2) This disturbed wetland habitat occupies 7.99± acres or 47.6 percent of the properly. The canopy is dominated by slash pine. Cypress, cabbage palm, and melaleuca are also common. The sub -canopy is dominated by slash pine, cabbage palm, Brazilian pepper, and melaleuca. The ground cover commonly includes sawgrass, swamp fern, pickerelweed (Pontedaria cordata), inundated beaksedge (Rhynchospora inundata), flatsedge (Cyperus haspan), and climbing hempvine (Mikania scandens). Pine, Hydric. Disturbed (76-100% Exotics) (FLUCFCS Code 6259 E41 This low quality wetland habitat occupies 3.29-+ acres or 19.6 percent of the property and is similar to that of FLUCFCS Code 6259 E2, except melaleuca is dominate in the canopy and Brazilian pepper is more common in the sub -canopy stratum. Borrow Area (FLUCFCS Code 742) This SFWMD CSW occupies 0.07± acre or 0.4 percent of the property. The vegetation in the canopy, sub -canopy, and herbaceous strata is absent. Berm (FLUCFCS Code 747) This upland land use is located along the west boundary line and occupies 0.38-+ acre or 2.3 percent of the property. The canopy is dominated by slash pine. The sub -canopy is sparse and occasionally contains Brazilian pepper and wax myrtle. The ground cover is dominated by bahiagrass (Paspalum notatum); smutgrass (Sporobolis indices) and spermacoee are also common. ii. Explain how the Project meets or exceeds the native vegetation preservation requirement in Goal six of the Conservation and Coastal Management Element of the GMP and Division 3.9 of the LDC. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact per FLUCFCS category. As previously noted, no native vegetation preserve is required for the Project per the DA between the applicant and the County (Exhibit B). In order for the Davis Boulevard widening improvement project to proceed on schedule and receive funding from the FDQT, Waterways Joint Venture VII entered into a DA with the county on February 20, 2007. The agreement offered the County the option of obtaining the RDW Parcel and the Pond Parcel, yet maintained the owner's ability to construct a smaller Project on the remaining acreage and waived its preservation requirement. DA Covenant 3 states, "Fallowing the acquisition, no further native preserve pursuant to the LDC shall be required on the remaining parcel," Per the proposed site plan, a total of 15.36± acres of native and 1.44- acres of non-native habitats will be impacted. Table 3 summarizes the native and non- native acreages by habitat type and Table 4 lists the native habitat impacts. 9 Table 3. Native and Non -Native Habitat Types and Acreages FLUCFCS Code Description Native Vegetation Acreage Non -Native Vegetation Acreage 4119 E2 Pine Flatwoods, Disturbed 25-49% Exotics) 1.23 -- 4159 El Pine Flatwoods, Disturbed 0-24% Exotics) 2.40 -- 4241 Melaleuca, Hydric -- 1.44 6259 E2 Pine, Hydric, Disturbed 25-49% Exotics 7.99 -- 6259 E4 Pine, Hydric, Disturbed 76-100% Exotics 3.29 -- 742 Borrow Area 0.07 -- 747 Benn 0.38 -- Total 15.36 1.44 Minimum Retained Native Vegetation Requirement ative Ve etation Acreage x 25 Percent N/A Table 4. Native Habitat Impact Summary FLUCFCS Code Acreage Impact Acreage Preserve Acreage 4119 E2 1.23 1.23 0.00 4159 El 2.40 2.40 0.00 6259 E2 7.99 7.99 0.00 6259 E4 3.29 3.29 0.00 742 0.07 0.07 0.00 747 0.38 0.38 0.00 Total 15.36 15.36 0.00 iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year re -zone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the GMP and Division 3.9 of the LDC. For sites cleared prior to January 2003, provide documentation that the parcels are in compliance with the ten year re -zone limitation previously identified in the GMP and LDC. Not applicable. iv. Have preserves or acreage requirements for preservation previously been identified jar the site during previous development order approvals? Ifso, identify the location and acreage of these preserves and provide an explanation ifthey are different from what is proposed. Not applicable. 10 For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these are being impacted or preserved. Not applicable. Wetlands Define the number of acres of Collier Countyjurisdictional wetlands (pursuant to Policy 6.1.1 and 6.2.2 of the Conservation and Coastal Management Element of the GMP) according to the FLUCFCS Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, mid -story, and ground cover), and vegetation dominance (dominant, common, and occasional). Welland determinations are required to be verified by the SFWMD or the Florida Department of Environmental Protection (FDEP), prior to submission to the County. A total of 12.72± acres of SFWMD/Collier County jurisdictional wetlands were identified on-site (Exhibit E). The wetland habitats are all forested and include Melaleuca, Hydric (FLUCFCS Code 4241); Pine, Hydric, Disturbed (25-49% Exotics) (FLUCFCS Code 6259 E2); and Pine, Hydric, Disturbed (76-100% Exotics) (FLUCFCS Code 6259 E4) (Table 5). A Borrow Area (FLUCFCS Code 742) constitutes the 0.07± acre of SFWMD OSW identified on the Project (Table 6). A-SFWMD jurisdictional determination was conducted on January 26, 2007. Table 5. SFWMD and COE Wetland Habitat Types and Acreages :FLUCFCS Code Habitat Acreage Percent of Total 4241 Melaleuca, Hydric 1.44 8.6 6259 E2 Pine, Hydric, Disturbed 25-49% Exotics 7.99 47.6 6259 E4 Pine, Disturbed 76-100% Exotics 3.29 19.6 -Hydric, Total of Project 12.72 75.8 Table 6. SFWMD OSW Habitat Types and Acreages FLUCFCS Habitat Acreage Percent Code of Total 742 Borrow Area 0.07 0.4 Total of Project 0.07 0.4 The following are descriptions of SFWMD and COE jurisdictional wetlands and SFWMD OSW identified on-site. 11 Melaleuca, Hydric (FLUCFCS Code 424 1) This low quality wetland habitat occupies 1.44± acres or 8.6 percent of the property. The canopy and sub -canopy vegetation are dominated by melaleuca along with occasional slash pine and cypress. Ground cover vegetation is sparse, but the occasional vegetation includes swamp fem, sawgrass, yellow -eyed grass, and hydrocotyle. Pine. Hydric. Disturbed (25-49% Exotics) (FLUCFCS Code 6259 E2) This disturbed wetland habitat occupies 7.99± acres or 47.6 percent of the property. The canopy is dominated by slash pine. Cypress, cabbage palm, and melaleuca are also common. The sub -canopy vegetation is dominated by slash pine, cabbage palm, Brazilian pepper, and melaleuca. The dominant ground cover includes sawgrass and swamp fem. Occasional species include pickerelweed, inundated beaksedge, flatsedge, and climbing hempvine. Pine, Hydric, Disturbed (76-100% Exotics) (FLUCFCS Code 6259 E4) This low quality wetland habitat occupies 3.29± acres or 19.6 percent of the property and is similar to that of FLUCFCS Code 6259 E2, except melaleuca is dominate in the canopy and Brazilian pepper is more common in the sub -canopy stratum. Borrow Area (FLUCFCS Code 742) This SFWMD OSW occupies 0.07± acre or 0.4 percent of the property. The vegetation in the canopy, sub -canopy, and herbaceous strata is absent. ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the Project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. Water level nails were set in the field on July 28, 2005 to mark the seasonal high and normal pool water level indicators (e.g., top of adventitious roots, lichen lines, water stains, etc.) on vegetation for the Project site and Pond Parcel. Pursuant to a meeting with SFWMD staff, additional nails were set in the field at the Pond Parcel on March 16, 2007. The water level nail elevations and locations were subsequently surveyed by RWA, Inc. and are illustrated in Exhibit F. Water level nail photographs are provided in Exhibit M and the recorded elevations are summarized in Table 7. Table 7. Wet Season Water Level Information Nail No. Description Nail Elevation (Feet NGVD) WL 1-1 Top of adventitious roots on melaleuca 10.9 WL 1-2 Top of adventitious roots on melaleuca 10.6 WL 1-3 Top of adventitious roots on melaleuca 10.7 12 Table 7. (Continued) Nail No. Description Nail Elevation -feetNGVD WL l-4 Bottom of lichen line on cypress 10.8 WL 1-5 Bottom of lichen line on cypress 10.8 WL 2-1 Top of adventitious roots on melaleuca 10.6 WL 2-2 Top of adventitious roots on melaleuca 10.3 WL 2-3 Top of adventitious roots on melaleuca 10.6 WL 3-1 Bottom of moss collar on c ress 10.5 WL3-2 To of adventitious roots on melaleuca 10.4 WL 3-3 Top of adventitious roots on melaleuca 10.2 WL 3-4 Top of adventitious roots on melaleuca 10.1 Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on- site. Describe how impacts to wetlands have been minimized. Prior to the County's property acquisition for the Davis Boulevard widening improvements, the Project area totaled 30.56± acres. Of this total, 20.27± acres were SFWMD and COE jurisdictional wetlands. At that time, the Project minimized its wetland impacts through the proposed on-site preservation of 10± acres of habitat, of which 6.03± acres were wetlands. The County's acquisition of the ROW and Pond Parcels made further wetland minimization on the reduced 16.80± acre Project area (of which 12.72± acres are wetlands) very difficult. As a result, in exchange for the applicant's cooperation with the land acquisition, the County waived the Project's native vegetation requirement as part of the DA; this includes wetlands. Therefore, a total of 12.72{ acres or 100 percent of the jurisdictional wetlands are proposed to be impacted by the development. During meetings with the SFWMD and the COE, they have also conceptually approved of the currently proposed site plan. The Project's impacts are summarized in Tables 8 and 9 and illustrated in Exhibit N. Table 8. SFWMD and COE Jurisdictional Wetland Impact Summary fialiitat FLOCFCS Total Preserve Impact Size Impact Code (Acres) (Acres) Acres Type Melaleuca, Hydric 4241 1.44 0.00 1.44 Dredge/ Fill Pine, Hydric, Disturbed 6259 E2 7.99 0.00 7.99 Dredge/ (25-49% Exotics) Fill 13 Table 8. (Continued) Table 9. SFWMD OSW Impact Summary FLUCFCS Total Preserve Impact Impact Habitat Code - (Acres) (Acres) Size Type Habitat Code (Acres) Size Acres Type Pine, Hydric, Disturbed Acres Dredge/ (76-100% Exotics 6259 E4 3.29 0.00 3.29 Fill Total 12.72 0.00 12.72 Table 9. SFWMD OSW Impact Summary iv. Indicate how the Project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal six of the Conservation and Coastal Management Element of the GMP. For sites in the RFMU District, provide an assessment, based on the SFWMD's Uniform Mitigation Assessment Method (UMAM) that has been accepted by either the SFWMD or the FDEP. For sites outside the RFMU District and where higher quality wetlands are being retained on-site, providejustification based on the UMAM. The Project design does comply with the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the GMP. Through the DA the Board of County Commissioners has granted a deviation for the Project's native vegetation requirement which is consistent with Policy 6.1.1.(13). The Project is also located within a designated urban area and the applicant is pursuing the appropriate Environmental Resource Permit (ERP) from the SFWMD and Section 404 Dredge and Fill Permit from the COE, which is consistent with Policy 6.2.4 (1). Pursuant to meetings with these agencies, they have conceptually agreed with the proposed site plan and will allow the 12.72± acres of wetland impacts to be mitigated off-site, which shall be deemed to meet the objective of protection and conservation of wetlands under this policy. To offset the wetland impacts, mitigation credits will be purchased through a regionally -approved mitigation bank, or wetland habitat will be acquired within the West Collier Drainage Basin, enhanced, and preserved by placement under a recorded conservation easement. A copy of the Project's wetland mitigation analysis based on the UMAM is included as Exhibit O. This analysis is still subject to approval by the SFWMD and the COE. Final details regarding the mitigation plan will be provided to County staff following their approval. 14 Not FLUCFCS Total Impacted Impact Size impact Habitat Code (Acres) Size (Acres) Type Acres Borrow Area 742 0.07 - 0.07 Fill Total 0.07 0.07 iv. Indicate how the Project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal six of the Conservation and Coastal Management Element of the GMP. For sites in the RFMU District, provide an assessment, based on the SFWMD's Uniform Mitigation Assessment Method (UMAM) that has been accepted by either the SFWMD or the FDEP. For sites outside the RFMU District and where higher quality wetlands are being retained on-site, providejustification based on the UMAM. The Project design does comply with the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the GMP. Through the DA the Board of County Commissioners has granted a deviation for the Project's native vegetation requirement which is consistent with Policy 6.1.1.(13). The Project is also located within a designated urban area and the applicant is pursuing the appropriate Environmental Resource Permit (ERP) from the SFWMD and Section 404 Dredge and Fill Permit from the COE, which is consistent with Policy 6.2.4 (1). Pursuant to meetings with these agencies, they have conceptually agreed with the proposed site plan and will allow the 12.72± acres of wetland impacts to be mitigated off-site, which shall be deemed to meet the objective of protection and conservation of wetlands under this policy. To offset the wetland impacts, mitigation credits will be purchased through a regionally -approved mitigation bank, or wetland habitat will be acquired within the West Collier Drainage Basin, enhanced, and preserved by placement under a recorded conservation easement. A copy of the Project's wetland mitigation analysis based on the UMAM is included as Exhibit O. This analysis is still subject to approval by the SFWMD and the COE. Final details regarding the mitigation plan will be provided to County staff following their approval. 14 f. Surface and Groundwater Management Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, offsite flows coming into the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of the storm and ground water. The water management for this site consists of one 1.90± acre lake collecting run- off through a network of catch basins and swales. The run-off from an area of 16.90± acres will be directed to the central lake where it will achieve water quality. The water management area includes 0.11± acre of off-site flow from Market Street to the east. The control structure is in the southwest comer of the lake and discharges on the west property line of the proposed developed area into a low area of the existing Cedar Hammock preserve. The allowable discharge from the Project has been restricted to 0.06 cfs/acre based on previous permits. The site is part of a historical flow -way on the south side of Davis Boulevard (SR 84) draining south and west toward the Lely Manor Canal. This off-site water flows south of the Project and is prevented from entering the water management system by berms on all four sides of the property. The Future County Pond Site to the south historically provides passage for flow from approximately 140 acres to the east, all within the Lely Manor Canal Basin. The wetland slough is accommodated in the surface water management design of the existing Cedar Hammock development located south of the proposed Project (ERP Permit No. 11-01683-P) with a flow rate of 68 cfs passing through their system. All run-off from the site will utilize this historical slough to reach its ultimate discharge into the Gulf of Mexico. ii. Provide an analysis of potential water quality impacts of the Project by evaluating water quality loadings expected from the Project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the Project area as it exists in its pre -development conditions. This analysis is required for Projects impacting five or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. The Project will be designed to meet the water quality standards set forth by the SFWMD. The water quality analysis for the Project is provided as Exhibit P. it. Identify any Wel[field Risk Management Special Treatment (WRM--ST) Overlay Zones within the Project area and provide an analysis jar how the Project design avoids the most intensive land uses within the most sensitive WRM-ST Overlay Zones. 15 The Project site is not located within a WRM-ST Overlay Zone. Standard construction practices shall focus on the protection and prevention of the discharge or accidental release of specific contaminants, including the discharge or accidental release of hazardous products and hazardous wastes. g. Listed Species Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing onsite and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission (FWCC) and the USFWS. State actual survey times and dates and provide a map showing the location(s) of species of special status identifted onsite. Prior to acquisition of the ROW and Pond Parcels, a listed plant and wildlife species survey was conducted over the 30.56± acre parent parcel by PAI on July 27, 2005 and updated on January 6, 2007 and March 16 and 18, 2007 (Exhibit Q). The property was surveyed for wildlife species listed by the FWCC and the USFWS as endangered, threatened, or species of special concern; and for plant species listed by the Florida Department of Agriculture and Consumer Services and USFWS as endangered, threatened, or commercially exploited. The results of the surveys found one potential RCW cavity tree on-site near the southeast comer and another on the Pond Parcel, located 300± feet southwest of the first (Exhibit L). Specific non -nesting and nesting season RCW surveys were conducted in December 2005 and May 2006, respectively (Exhibits R and S). During the two separate 14 consecutive day surveys, no RCWs were heard or observed at the cavity trees or anywhere else on the property. A determination that the cavity trees have been abandoned by RCWs is being pursued with the USFWS as part of the COE permitting process. Five squirrel nests were identified within the 16.80± acre Project area during the January and March surveys; however, no BCFS were observed in their vicinity. A BCFS was noted off-site on the Pond Parcel during the March 16, 2007 survey. Twelve squirrel nests were also located within the Pond Parcel (Exhibit T). No state or federal listed plant species were observed during the survey. ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. Listed wildlife species that were not observed, but have the potential to occur on the Project site are listed in Table 10. Information used in assessing the potential occurrence of these species included Rare and Endangered Biota of Florida Volume I. Mammals (Humphrey 1992), Volume III. Amphibians and Reptiles 16 (Meier 1992), and Volume V. Birds (Rodgers et al. 1996); and personal experience and knowledge of the geographic region. Table 10. Listed Wildlife That Could Potentially Occur on the Mystique Property FWCC — Florida Fish and Wildlife Conservation Commission USFW S — U.S. Fish and Wildlife Service E - Endangered SSC—Species of Special Concern T — Threatened Eastern Indigo Snake (Drymarchon corais couneri) The Eastern Indigo snake could potentially occur within the native upland and wetland habitats on the Project site. The Eastern Indigo snake is far ranging and may utilize activity areas of 125 to 250± acres (Moler 1992). Gopher Tortoise (Gopherus polvohemus) The gopher tortoise could occur within the native upland habitats identified on site. These habitats include Pine, Disturbed (FLUCFCS Code 4159) and Pine Flatwoods, Disturbed (FLUCFCS Code 4119). Big Cypress Fox Squirrel (Sciurus nicer avicennia) The BCFS is known to occupy such habitats as Pine Flatwoods, Disturbed (FLUCFCS Code 4119); Pine, Disturbed (FLUCFCS Code 4159); Melaleuca, Hydric (FLUCFCS Code 4241); and Pine, Hydric, Disturbed (FLUCFCS Code 6259). 17 besi' nated StatusPotential Locations Scientific Name e Common Name FWGC USFWS(FLUCFCS Codes Amphibians and Re tiles Drymarchon corals Eastern Indigo T T 4119/4159 cou eri snake Go herus of hemus Go her tortoise SSC - 4119/4159 Big Cypress fox 4119/4159/ Sciurus niger avicennia T s uirfel 4241/6259 Birds Leucocephalus Bald eagle T T 4119/4159/ 1 Haliaealus 6259 Falco sparverius Southeastem T 4119/4159/ aulas American kestrel 6259 Red -cockaded 4119/4159/ Picoides borealis woodpecker .I. E 6259 FWCC — Florida Fish and Wildlife Conservation Commission USFW S — U.S. Fish and Wildlife Service E - Endangered SSC—Species of Special Concern T — Threatened Eastern Indigo Snake (Drymarchon corais couneri) The Eastern Indigo snake could potentially occur within the native upland and wetland habitats on the Project site. The Eastern Indigo snake is far ranging and may utilize activity areas of 125 to 250± acres (Moler 1992). Gopher Tortoise (Gopherus polvohemus) The gopher tortoise could occur within the native upland habitats identified on site. These habitats include Pine, Disturbed (FLUCFCS Code 4159) and Pine Flatwoods, Disturbed (FLUCFCS Code 4119). Big Cypress Fox Squirrel (Sciurus nicer avicennia) The BCFS is known to occupy such habitats as Pine Flatwoods, Disturbed (FLUCFCS Code 4119); Pine, Disturbed (FLUCFCS Code 4159); Melaleuca, Hydric (FLUCFCS Code 4241); and Pine, Hydric, Disturbed (FLUCFCS Code 6259). 17 Bald Eagle (Halieamt leucoceohalus) The bald eagle could potentially nest in Pine Flatwoods, Disturbed (FLUCFCS Code 4119); Pine, Disturbed (FLUCFCS Code 4159); or Pine, Hydric, Disturbed (FLUCFCS Code 6259) habitats. No bald eagle nests were identified during the listed species survey. Southeastern American Kestrel (Falco sparverius paulus) Potential habitat for Southeastern American kestrel may exist within the pine habitats on the Project site (FLUCFCS Codes 4119, 4159, and 6259); however, the Project site is at the southernmost extreme of the known range for this subspecies. Since 1980, observations of Southeastern American kestrel in Florida have occurred primarily in sandhill or sandpine scrub areas of north and central Florida (Rodgers et al. 1996). Red -Cockaded Woodpecker (Picoides borealis) Two inactive RCW cavity trees were identified on the property in the Pine, Disturbed (25-49% exotics) (FLUCFCS Code 4159 E2) habitat. Listed plant species that were not observed, but have the potential to occur on the Project site are listed in Table 11. Information used in assessing the potential occurrence of these species included personal experience and knowledge of the geographic region. Table 11. Listed Plant Species That Could Potentially Occur on the Mystique Property FDACS — Florida Department of Agriculture and Consumer Services USFWS — U.S. Fish and Wildlife Service C — Commercially Exploited E — Endangered T — Threatened 18 Desi noted Status Habitat Scientific Name Common Name C' USF WS (FLUCFCS Code White-Squiuel- -i7 Deeringothamnus Banana; Beautiful E E 4119 pulchellus Pawpaw Lilium catesbaei Catesb 's Lily T - 6259 Tillandsia Stiff Leaved Wild Pine E - 6259 asciculata Tillandsia Giant Wild Pine; F - 6259 utriculata Giant Air Plant Tillandsia pminosa Fuzzy-Wuzzy Air Plant E - 6259 Zamia floridana Florida Coomic C - 4119 Zephyranthes Simpson's Zephyr Lily T - 6259 sim sonii FDACS — Florida Department of Agriculture and Consumer Services USFWS — U.S. Fish and Wildlife Service C — Commercially Exploited E — Endangered T — Threatened 18 iii. Indicate how the Project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. No listed species have been observed on the 16.80± Project site. However, five squirrel nests have been located within the Project boundary and one BCFS was observed off-site to the south on the Pond Parcel. To minimize potential impacts to this species, a BCFS Habitat Management Plan has been prepared. The management plan will utilize pre -construction surveys to determine if the Project is being utilized by a BCFS and provide protection measures if they are found. Please refer to the Project's BCFS Habitat Management Plan (Exhibit T). Specific nesting and non -nesting surveys have been conducted, per the USFWS' guidelines, for the RCW on-site. The surveys have determined the two cavity trees (one on-site and the other on the Pond Parcel) to be abandoned and the Project area no longer suitable habitat for this species. USFWS concurrence with this determination is being pursued through the COE permitting process. It is anticipated that no mitigation measures will be required for the RCW. iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. h. Other A BCFS habitat management plan is included as Exhibit T. Where applicable, include correspondence received from the FWCC and the USFWS, with regards to the Project. Explain how the concerns of these agencies have been met. As previously noted, the applicant is in the process of coordinating with the USFWS as part of the COE permitting process for the Project. Once a sign -off letter has been obtained it will be forwarded to CDES staff. For multi -slip docking facilities with ten slips or more and for all marina facilities, show how the Project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not applicable. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. 19 No environmental assessments and/or audits have been performed on the property. iii. For site located in the Big Cypress Area of Critical State Concern -Special Treatment (ACSC-ST) Overlay District, show how the Project is consistent with the development standards and regulations established for the ACSC-ST Overlay District. Not applicable. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy ofd farm fields, old golf courses, or for which there is a reasonable basis for believing that there has been previous contamination on- site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the FDEP. The site contains no old farm fields or old golf courses and contaminates are not anticipated to occur on the property; therefore, soil sampling or ground water monitoring are not applicable. Provide documentation for the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the Project area. Locate any known historic or archaeological sites and their relationships to the proposed Project design. Demonstrate how the Project design preserves the historic/archaeological integrity of the site. Correspondence from the Florida Department of State Division of Historical Resources (DHR) was received on March 13, 2006 (Exhibit U). DHR records found no archaeological sites within the Project area, but did note some north of the property. As a result, they recommended that a condition be added to the zoning approval that DHR be contacted if archaeological artifacts are found during construction. 20 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001.a. Third Edition. Florida Exotic Pest Plan Council. 2007. List of Florida's Invasive Species. Florida Exotic Pest Plant Council. Internet: www.fleppc.org,/071ist.Ium. Humphrey, S.R. 1992. Rare and Endangered Biota of Florida. Volume 1. Mammals. University Press of Florida, Gainesville, Florida. Moler, Paul E. 1992. Rare and Endangered Biota of Florida. Volume III. Amphibians and Reptiles. University Press of Florida, Gainesville, Florida. Rodgers, J.A., H.W. Kale, and H.T. Smith. 1996. Rare and Endangered Biota of Florida. Volume V. Birds. University Press of Florida, Gainesville, Florida. U.S. Fish and Wildlife Service. 2002. Draft Standard Local Operating Procedures for Endangered Species Red -Cockaded Woodpeckers. South Florida Ecological Services Office. 21 EXHIBIT A AERIAL WITH BOUNDARY, DAVIS BOULEVARD ROW, AND DOT POND PARCELS r.. (a i4 yF ii ry N ILL �r.� y6 CEDAR PROPERTY BOUNDARY - - s AW- tr -y rt.x7` � ..•.s' Lr rw`� �jr t w i �� :. 4 .. r nzn• yy� a j yC � qq� �� .. DOT POND PARCEL. (15 001AC-#) . y .n. e Yyrfq tr .- r 4 A a EXHIBIT B DEVELOPER'S AGREEMENT DEVELOPER AGREEMENT MYSTIQUE THIS DEVELOPER AGRE NT (hereinafter referred to as the "Agreement") is made and entered into this a 0 of � rvsrr . 2007, by and between WATERWAYS JOINT VENTURE VII (hereinafter referred�e "Developer'), with an address at 14627 Collier Boulevard, Naples, Florida 34120, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County'). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No.. 2001-1.3, as amended. RECITALS: WHEREAS, Developer is the owner of approximately 30.56 acres of land in unincorporated Collier County, Florida, located on the south side of Davis Blvd. near its intersection with Collier Blvd., which will be residentially developed (hereinafter referred to as the "Development"). A legal description of the Development, together with a graphic rendering, is attached as Exhibit A; and WHEREAS, the Florida Department of Transportation (TI)OT"), as part of the Davis Blvd. expansion project, has identified a 10 -acre portion of the Development as a pond site, together with the necessary easement to access the pond, and an easement for conveyance from Davis Blvd. to the pond site, which pond is necessary for the attenuation of storm water offof the expanded Davis Blvd. A legal description and graphic rendering of this pond site and easement (hereinafter referred to w the "Pond Parcel") is attached as Exhibit B; and WHEREAS, Developer had intended the Pond Parcel to be utilized for both future development and native vegetation preserve pursuant to the County's LDC, and for wetland preserve credit through the Environmental Resource Permit process with the South Florida Water Management District, and Section 404, Clean Water Act permitting with the U S. Army Corps of Engineers; and WHEREAS, to preserve the Davis Blvd. road project, and to reduce costs of future condemnation, when the presently undeveloped Pond Parcel would be developed, County has offered to purchase the Pond Parcel for the sum of $3,000,000 in impact fee credits, consistent with the County's right-of-way purchase policy; and WHEREAS, Developer is willing to convey to the County the Pond Parcel for the sum of $.3,000,000 in impact fee credits, provided that the Developer by doing so will not be in violation of any County ordinance or regulation with respect to the Development not having sufficient preserve area and other requirements or violation as a result of the conveyance; and WHEREAS, the County acknowledges that by conveying the Pond Parcel to the County, County shall not require the Developer to provide any native vegetation preserve on the remaining 20+/- parcel; and WHEREAS, Developer is willing to freely donate, at no cost to the County, a 50 -foot strip of land adjacent to Davis Blvd. for use in the Davis Blvd expansion project. A legal description and graphic rendering of this right-of-way strip (hereinafter the "ROW Parcel") is attached as Exhibit C; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan') is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's hansportation system; b.. Such Proposed Plan, viewed in conjunction with otherexisting or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's mad impact fee trust accounts in such a way as to frustrate or interfere with other planned or' ongoing growth -necessitated capital improvements and additions to the County's transportation system; and The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five-year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS me true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. On or before December 15, 2007, the Developer shall convey to the County both the Pond Parcel (with appropriate easements for access and maintenance) and the ROW Parcel. Both Parcels will be conveyed to the County in fee simple, free and clear of all liens and encumbrances, made by executed Warranty Deeds provided to the Office of the County Attorney, suitable for recotding, the general form of which is attached hereto as Exhibit D. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work Upon receipt, the County shall record the Warranty Deeds in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to Page 2 of 8 County as liquidated damages the sum of $1,000 per day for each day past the deadline that the Warranty Deed is not delivered to County.. Such liquidated damages will be paid in place of County's claims for actual damages.. Notwithstanding anything to the contrary, County shall have the right, in its sole discretion, to elect not to acquire the Pond Site, by giving Developer written notice of such election no later than December 14, 2002 All provisions of this Agreement shall survive closing and be enforceable by the County and Developer and their successors and assigns. 3. The Pond Parcel is being acquired for public use, in lieu of future condemnation. Accordingly, except with respect to preserve requirements, it is expressly agreed that the provisions of LDC §1.04.04 B (Ordinance No. 2006-07) shall apply to this Development and subsequent set- back for accessory stmctmes shall be no less than 10 feet as shown on Exhibit B. With respect to preserve requirements, any preserve areas proposed by the Developer located in the Pond Parcel shall be mitigated offsite by the County within 1 yearfrom the conveyance of the Pond Parcel to the County. A minimum of 7.3 acres and up to the full 10 acres, if required by South Florida Water Management District, will be mitigated for on a 1:1 basis with like for like habitat through the Conservation Collier or similar program. Following the acquisition, no further native preserve pursuant to the LDC shall be required on the remaining parcel.. The Developer will be responsible for any mitigation for any listed species and wetlands impacts mitigation required by any permitting agencies on the northern remaining parcel. Any additional wetlands mitigation resulting from the conveyance of the Pond Parcel shall be the responsibility of the County. 4. Developer shall receive, at closing, as full compensation for the Pond Parcel and easements, the sum of $3,000,000 in Road Impact Fee credits which, consistent with the Collier County Consolidated Impact Fee Ordinance, may be used by the Developer and any related joint venture party in the impact fee district of the Pond Parcel, and all adjacent impact fee districts. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement is attached as Exhibit E. These Road Impact Fee credits may be assigned at any time to any another development within the same or an adjacent impact fee district provided that all parties to this assignment of impact fee credits comply with all then -current rules and procedures of the Collier County Impact Fee Administration section, and execute all then -current County approved assignment forms. 5. Developer hereby grants County an option to purchase up to an additional three acres adjacent to the Pond Parcel. This additional acreage contains the footprint for approximately 40 dwelling units. the purchase price for exercising the full 3 acre option shall be $2,000,000, or $666,666.67 per acquired acre. Should the County exercise its option to purchase less than 3 acres, the purchase price shall be calculated to equal the acquired land valued at $666,666.67 per acre. If exercised, the County shall use its best efforts to acquire a generally rectangular parcel. This option to purchase shall be exercised by County giving Developer written notice of such election no later than December 14, 2007. In no event may this option reduce the Development to less than 160 dwelling units. Should County exercise this option, the conveyance of this additional acreage to County shall be conducted in the same manner as set forth in Paragraph 2 above, except that payment for this additional acreage shall be in cash, and not in impact fee credits. 6. the credit for Road Impact Fees identified herein shall urn with the Development and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement Page 3 of 8 with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. the credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns ate responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development.. 7. The County,will require an approximate 15-20 foot drainage easement to connect Davis Blvd. to the Pond Parcel and an appropriate 20 -foot wide access easement to maintain the Pond Parcel, which easement must be approved by FDOT. This easement will be identified by the parties and dedicated to the County on or before December 15, 2007. It is anticipated that the likely site for this easement will be along the eastern boundary of the Development. To the extent possible, any required buffers or landscaping that will be within the easement boundary will not be installed until the drainage pipe has been laid along the easement. County or FDOT shall supply Developer with all necessary drainage pipes, fencing, and ancillary structures, which Developer, at its sole cost and expense, will install in the drainage easement during the earlier of the construction of the Development or within a commercially reasonable time following written demand by County or FDOT to meet the Davis Blvd, Expansion Project needs. The parties shall cooperate so that this provision can coincide with the Developer's site work. If for whatever reason Developer is not able to commence this work following such written demand, then County or FDOT, at their sole cost and expense, shall do the installation. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the easement in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. 8. It is anticipated that the Developer will need an approximate 15-20 foot wide drainage easement through the Pond Parcel to connect to its outfall. At Developer's written request, County shall promptly provide the Developer with such an easement through a mutually agreed- upon location. All costs associated with this easement shall be paid by Developer. 9. The County will provide the Developer with the ability to upgrade the fencing between the Pond Parcel and the remaining land at the Developer's expense, 10. The County will use its best efforts to obtain all required permits for the storm water pond to be located on the Pond Parcel to be excavated to a depth of at least 20 feet. In any event, on written notice by County or FDOT, Developer at no charge to County or FDOT will construct the storm water pond, in accordance with all plans and specifications provided to Developer. This provision is intended to coincide with the Developer's site work. As full compensation for this construction, Developer will be entitled to keep the excavated material, and will be allowed to utilize the excavated material within the Development Developer will be responsible for removing and properly disposing of any excess, unsuitable or otherwise unwanted material excavated from the storm water pond. If for whatever reason Developer is not able to construct the storm water pond following such written demand, then County or FDOT, at their sole cost and expense, shall do the construction, and will keep the excavated material. Page 4 of 8 11. For a period of one year, commencing with the date first above written, sufficient development trips have been approved and reserved through the normal development review process. During this one year period, Developer may permanently reserve roadway capacity for up to 206 residential units. To exercise this right, Developer shall prepay to County one-half (1/2) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ("Certificate') vesting the Developer's Project to construct up to 206 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements, and unless specifically required by law, the County shall not thereafter withhold the issuance of any Certificate of Occupancy based on the County Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for such units. Payment of these fees vests the Development entitlements for which the Certificate applies on a continuous basis for three (3) years unless otherwise relinquished. This initial 50 percent impact fee payment is non- refundable after payment and receipt of the Certificate.. 12. Not later than 90 days prior to the expiration of the three-year period for the Certificate, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent (50%), based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable. The Certificate mns continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 13. The Developer may terminate this Agreement if the contemplated conveyance of the Pond Parcel significantly impacts the Developer's ability to develop the remaining land consistent with the conceptual development plan as shown in Exhibit `B" because of permitting restrictions resulting fiom the pending conveyance. Should Developer so terminate this Agreement, and should Collier County or any other government agency in the future, including but not limited to FOOT, seek to acquire the Pond Parcel through eminent domain proceedings as party of a road project, Developer will accept the sum of $3,000,000 as compensation for the Pond Parcel, The Developer Page 5 of 8 reserves the right to make a claim for severance damages to the remainder parcel resulting from such condemnation. This provision shall survive any termination of this Agreement by Developer. 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall more to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 16. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 17.. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 18. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, retmn receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To Coun : Waterways Joint Venture VII: Hammon Turner Building Attn: Richard Davenport Naples, Florida 34112 15122 Summit Place Circle Atm: Norman E. Feder, A.I.C.P. Naples, Florida 34120 Transportation Division Administrator Phone: (239) 352.6610 Phone: (239) 774-8872 Facsimile: (239) 352-1460 Facsimile: (239) 774-9370 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 19. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into Page 6 of 8 this Agreement. Developer shall pay all costs of recording this Agreement.. The County shall provide a copy of the recorded document to the Developer upon request. 20. In the event of a dispute under this Agreement, the parties shall first use the County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive reliefin the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 21. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid unfit such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 22. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of load impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by then appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES COLETTA, Chairman AS TO DEVELOPER: Signed, sealed and Waterways Joint Venture VII delivered in the presence of': By: Waterways at Hibiscus, Ltd. Partner and by Waterways Deevveelop ent, In as sole General Partner 1 Ytpjc� 1'S • i (X1C-`_i By: / Printed Name Richard bavenport, as President of Waterways Development, Inc. %1QiName mzcldeL Print Page 7 of 8 (�QjjLQ rjdd COON COUNTYYSTATEOOFF The foregoing instrument was acknowledged before me this ?D71day of F&1jaru , 2007, by Richard Davenport, as President of Waterways Development, Inc., as General Partner of Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture VII, who is personally known to me or has produced as identification. Approved as to form I al ciency: Legal description and graphic rendering of Pond Parcel Exhibit C Je y A. atzkow M ging sistant County Attorney Notary PutQJI c Print Name:RTACFy UP My Commission Expires: ,W 10 STACEY M LOFTJAMa. Notary Public- SWIa al F €N7 CMIMSSISb Expires Jun Commssbn R DD 589Bonded Sy NaWnal Nota LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit A Legal dmotiption and graphic rendering of Development Exhibit B Legal description and graphic rendering of Pond Parcel Exhibit C Legal description and graphic rendering of ROW Parcel Exhibit D Form of Warranty Deed Exhibit E Impact Fee Credit Ledger Page 8 of'8 TRIAD PUD SADDLEBROOK EAST VILLAGE GATEWAY PUD PUD DAMS BOULEVARD (SR 84) IIII II PROJECT WE S CEDAR I II WESTPORT HAMMOCK ! I COMMERCE PUD �I CENTER Ij PUD �I li I I !IIIII �I�II ® IIII! �l II ! I I II I 6 I CEDAR HAMMOCK PUD I Feb,vury 20. 2007 9:21 BM 0:\2005\0501170003 My fqo E.9irved,\0001 Cemrnl Consullo0on\vembn /1\Rev%cion (1\5001 p0003XB dwg EXHIBIT A PROPERTY DESCRIPTION THIS IS NOT A SURVEY POINT OF COMMENCEMENT NORTHEAST SECTION CORNER, NORTH QUARTER CORNER, SECTION 3, SECTION 3, TOWNSHIP 50 SOUTH, TOWNSHIP 50 SOUTH, RANGE 26 EAST RANGE 26 EAST DAVIS BOULEVARD (SR 84) _ (BEARING BASIS) 501403 42 W -. - -N.09'43'32 W. 2638.09' 146.43' � L... ,..._ POINT OF N W E 5 0 NM 400 GRAPHIC SCALE I - 400' CURVE RADIUS I LENGTH CHORD BEARING I DELTA Ci 3224 04-1 66678' 66560 S8709'2rW 111-50-59- A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 3, TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA; THENCE S 0903 42'W FOR 146.43 FEET; TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED ALSO BEING A POINT OF CURVATURE; THENCE EASTERLY ALONG THE THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT 666 78 FEET HAVING A RADIUS OF 3,224.04 FEET THROUGH A CENTRAL ANGLE OF 11'50'59' AND BEING SUBTENDED BY A CHORD WHICH BEARS N 82'09'20'E FOR 665.60 FEET THENCE SOO'16'31'W FOR 2,060.94 FEET; THENCE S89'36'18'W FOR 65299 FEET; THENCE N.00'O6'06'E FOR 1.97 4 59 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN CONTAINING 1 331 324 SQUARE FEET OR 30 6 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BEARINGS ARE BASED ON THE NORTH SECTION LINE OF SECTION 3, TOWNSHIP 50 SOUTH RANGE 26 EAST AS BEING N 89'43'32'W bnuoy 29 2001 834 AM 0\20O5'CYC 4'O)03 MyeL4re Engine ,\=l Bensml Consullolw\Vernon /I\Revvb4 fl\ _i(II rWGJM%-i Ow9 1 m EXHIBIT A -I �k FAST EAI Y PUD pE51PDRT NOYME CQ11FH No �hs+m.T rm -------- r____ _ _ Im 1 nim 1 ( PM 2 I NLLAGE PUD I I 1 l,am •c) 51DgFHRDDK � r 6 t ( � 1®I I I-'--------- \ 1 � PM(fl. t I ff aero yMiE FDOT I I 11 I cenwa� ua7c aua v.m:<,,.wx,x.m. wowD 7 PROPOSED DOT POND SITE THIS IS NOT A SURVEY POINT OF COMMENCEMENT NORTHEAST SECTION CORNER, NORTH QUARTER CORNER, SECTION 3, SECTION 3, TOWNSHIP 50 SOUTH, TOWNSHIP 50 SOUTH, RANGE 26 EAST RANGE 26 EAST DAVIS BOULEVARD (SR 84) - —N,8 (BEARING BASIS) 50003 42'W N.89'43'32 W. 2638.09 14643' NA LEGAL DESCRIPTION PARCEL OF LAND LYING IN SECTION 3 TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA, BEING MORE - PARTICULARLY DESCRIBED AS FOLLOWS: E W+ o COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 3 TOWNSHIP 50 SOUTH RANGE 26 EAST. COLLIER COUNTY FLORIDA; S o THENCE S 0003'42 W. FOR 146.43 FEET; THENCE 5.0006'06 W FOR 1 308 51 FEE7;TO THE POINT OF BEGINNING OF THE PARCEL 0 200 400 o ✓ HEREIN DESCRIBED; GRAPHIC SCALE THENCE N89'36' E. FOR 65501 FEET; 1•= 400• THENCE 00 1 16 W FOR 666 99 FEET: $ FOR 65299 FEET; THENCE 6 853B'1Or POINT OF BEGINNING E. THENCE N.O006'O6"E. FOR 66608 FEET; i0 THE POINT OF BEGININNG OF THE PARCEL N.893618"E. 655.01' DESCRIBED HEREIN CONTAINING 435,600 SQUARE FEET OR 100 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS w5i OF RECORD o n BEARINGS ARE BASED ON THE NORTH LINE OF i0 Z. SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 bo EAST. COLLIER COUNTY FLORIDA AS BEING 0 NOV4332"W Z SBT36'19'W 65299' mnaory it 2007 846 AM O\2005 050:1100 03 MysnOva Eng,neaf;,\0001 Ga+bal ('.nfanbtian\VNabn (I\Ra eslon p\5001 I IWO,10-I tl, EXHIBIT B -I SII DAVIS BOULEVARD (SR 84) I 50' ROW PAROEI- N W E .S o� u.nue�s eet�.eimovoom c:��.o; coy:wmn�we..a� ana�,aa� Ansoon r000exc e.o n EXHIBIT c �k 50' RIGHT -of -WAY DONATION THIS IS NOT A SURVEY POINT OF COMMENCEMENT NORTHEAST SECTION CORNER, NORTH QUARTER CORNER, SECTION 3, SECTION 3, TOWNSHIP 50 SOUTH, TOWNSHIP 50 SOUTH, RANGE 26 EAST RANGE 26 EAST DAVIS BOULEVARD (SR 84) _ (BEARING BASIS) SOO'O3'42' W—N.89'43.32'W. 2638.09 146 43' CI POINT OF BEGINNING `i LINE DIST. GEARING LI 5004' SOU16'31"W L2 5153' N00'06.06'E CURVE RADIUS LENGTH CHORD I BEARING I DELTA Cl 322404 66676' 66560 NB2'09'26`E 11.5050' C2 1317404' 66680' 86565 5B2'DP4}'W 12'02'1)' Jtrury 25 2097 6.50 M 0'.\2005\050117 DO 03 M fboe [nglnec,mq\Doc; Genua conswmrnn\venlm (I\Ra-- /I !OD'I`OODJIC-I o q EXHIBIT C-1 P� LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH RANGE 26 EAST, COLLIER COUNTY FLORIDA N BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 3, TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA; WE 1 THENCE 5.00'0342"W. FOR 146.43 FEET; TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED ALSO BEING A POINT OF CURVATURE; THENCE EASTERLY 66678 S FEET ALONG THE THE ARC OF A NON–TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 3,224.04 FEET. THROUGH A CENTRAL ANGLE OF 11'50 59" AND BEING SUBTENDED BY A CHORD WHICH BEARS 0 200 400 N 62'09 26"E. FOR 665.60 FEET; ® - THENCE S.00"16'31'W FOR 5004 FEET; TO A POINT OF GRAPHIC SCALE CURVATURE; Y=400' THENCE WESTERLY 66688 FEET, ALONG THE ARC OF A j NON–TANGENTIN- CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 3,174.04 FEET, THROUGH A CENTRAL ANGLE OF 12'02'17' AND BEING SUBTENDED BY A CHORD WHICH BEARS 8.8201'43'W, FOR 665.65 FEET THENCE N.00'06'06"E. FOR 5153 FEET; TO THE POINT 1 OF BEGINNING OF THE PARCEL DESCRIBED HEREIN CONTAINING 33344 SQUARE FEET OR 08 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BEARINGS ARE BASED ON THE NORTH LINE OF SECTION . 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA AS BEING N 89-43'32' W LINE DIST. GEARING LI 5004' SOU16'31"W L2 5153' N00'06.06'E CURVE RADIUS LENGTH CHORD I BEARING I DELTA Cl 322404 66676' 66560 NB2'09'26`E 11.5050' C2 1317404' 66680' 86565 5B2'DP4}'W 12'02'1)' Jtrury 25 2097 6.50 M 0'.\2005\050117 DO 03 M fboe [nglnec,mq\Doc; Genua conswmrnn\venlm (I\Ra-- /I !OD'I`OODJIC-I o q EXHIBIT C-1 P� 9 i nt Pill r PARpt1Nb(e): Pusan, 4Tf'apw 1 WARRANTY DEED THIS WARRANTY DEED made INS _,_ say 01 20_ by. (hereinafter related to as'Grvsf) 7, whose Post office box is IADORESSJ to COLUER COUNTY, a uIlI cal col livisien of the Slate of Florida, its su4cessors and assigns., whose Am office addross is =1 Tamm Trail East. Napias, `1orida, 16112 (hereinafter re(srred to as'Grus a ). (Wherever used Forest Ne Ferms'Gianlor' and'GraMae' indude an the parties to Into Inatmment and their respecOve hers, legal representatives, successors arm assigns ) WrrNESSETH; That the Grantor, for and In consideration of die sum of Ten Dollars MOM) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, 009, Starts, remtsas, releases, conveys and confirms undo the Grantee, ad that witaln land Situate in 0010or County, Florida, towit:, Sea Altschul EAU -A' which is Incorporated herein b1'reference. Subject to easmnenis, reshicibm, end reservations of record. This Is NOT the Hanestead property of bre Cantor. TOGETHER with all the Interna l5, hereditaments and appurtenances thereto belonging ar mamywise appertaining. TO HAVE AND TO Hot➢ Me same in fee sknple braver. AND the Grantor hereby covenants with said Grantee that the Grantor is lawdolly seized of said fend In too skapfe; that rho Grantor has good got and lawful audfodty to $sit and convey Said land; that he Grenlor horaby fully warrants the this a Said land and will defend the sumo against the lswtuf claims of ail persons whomsoever: and 11x7: said land fs [roe of all encumbrances except as noted above IN WRNEGS WHEREOF, the saki. Grantor has signed and sealed Me" presents the day and you first above written WITNESSES; BK (Signature) [GRANTOR NAME) (print Full Nemo) fxgnaWm} —�--�— (Prim Fug Nemo) EXHIBIT E DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER ystigne Impact fee ledger Beginning Balance^ 53,000,000.00 TRIAD PUD SADDLEBROOK EAST VILLAGE GATEWAY PUD_ _ PUD D.W6 BOULEVARD =--M)- N � � PROJECT ry z•' IIS s FM Mm Gni CEDAR HAMMOCK PUD ,.,.•.,�.. oroo raze au CEDAR HAMMOCK I •� �' PUD EXHIBIT A WESTPORT COMMERCE CENTER PUD SKETCH & DESCRIPTION THIS IS NOT A SURVEY NORTH QUARTER CORNER, SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, SOO'07'06W 146 59' I o I N89'34'O6'E 653.00( �\ POINT BEGINNING LESS AND EXCEPT PARCEL Q LESS AND CENTER OF SECTION 3,PARC( TOWNSHIP 50 SOUTH, o RANGE 26 EAST i \\ 589'19'38 W -DAVIS BOULEVARD (SR 84) LEGALDESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA. COUNTY OF COLDER. LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST. AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE WEST ONE HALF ry (W4) OF THE WEST ONE HALF (W)) OF THE NORTHEAST ONE QUARTER (NEJ) OF SAID SECTION 3 LYING SOUTH OF TNF IOHT.PPry Ba (P) w n PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE QUARTER (NFJ) OF SAID SECTION 3; THENCE N00'07'06"E. ALONG THE WEST LINE OF SAID FRACTION 707.03 FEET; THENCE LEAVING SAID FRACTION LINE t 48!'34'06"E. 652.86 FEET; TO A POINT ON THE EAST LINE OF SAID FRACTION THENCE S00'17'56'W. 704.31 FEET; TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER (NEA1) OF SAID SECTION 3. THENCE S89'19'38"W. 650.69 FEET; ALONG SAID LINE TO THE POINT OF BEGINNING. CU RVE PADIUS LENGTH CHOR D BEARING PELTA CIUE6CHIBED 3225.09 686.92' 665 l3 68Y1025Y1 11 -51 -OF NOTE: LEGAL DESCRIPTION AS SHOWN WAS TAKEN FROM A BOUNDARY SURVEY PREPARED BY CAROL E. NELSON PA DWG. A37SOR26 DATED 10-09-06 Jm q 3 2007 4.25 P 0'.\2W5\050117000J WsffOm 6me, Ca+aWlalien\SCOIOOWIXS-1 d g EXHIBIT A-1 , 'I FPSi EA.MY PUD s, qYR. x o i �1F �mm1 4yGC2T — _ _.___ _--__--\ ._.. I n.l , I tllc �7i�`- � pb-'�i~-dq(jbp„w�Mgd�T�llr{ I eiw I I P Sit; Pexin , ry m M.Ars PoxD mor I I` I i'�lrtlrllerru:+rm:ur:u:mm;>_emcm!v'�i=::nr=.r•:_!c_:gt✓J — _ — ' mmax iw== cm Px DDx0Dx NPauucE iocnnx. ND I '\ I MN PW GiHIB/I B J..-, J. 2007 DAVIS BOULEVARD (SR 84) 50' ROW ►AROEL EXHIBIT c SKETCH & DESCRIPTION THIS IS NOT A SURVEY I:, POINT OF - - —--DAVIS BOULEVARD (SR 84)--------- LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3. TOWNSHIP 50 SOUTH RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRI8ED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 3. TOWNSHIP 50 SOUTH RANGE 26 EAST. COLLIER COUNTY, FLORIDA, THENCE N0907'06"E ALONG THE SAID CENTER OF SECTION LINE 263033' TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CENTER OF SECTION LINE. NOO'07'06'E. 51.53 FEET; TO A POINT ON THE SOUTH RIGHT-OF-WAY OF (SR 84) DAMS BOULEVARD, THENCE ALONG SAID RIGHT-OF-WAY LINE, ALONG THE ARC OF A CIRCULAR CURVE TO THE j RICHT BEING CONCAVE TO THE SOUTH 666 92 FEET, HAVING A RADIUS OF 3224.04 FEET, THROUGH A CENTRAL ANGLE OF 11'51'08' BEING SUBTENDED BY A CHORD WHICH BEARS N82*10'25'E.FOR FEET: THENCE LEAVING SAD RIGHT-OF-WAY LINE SW1THENCE ALO THE FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT. BEING CONCAVE TO THE SOUTH 667.01 FEET. CENTRAL HAVING A RADIUS 1 02'23' FEET THROUGH A CENTRAL ANGLE OF WHICH AND BEING SUBTENDED BY A CHORD WHICH BEARS OF BEGINNING FOR 665 JB FEET; TO THE POINT OF BEGINNING A PARCEL OF LAND CONTAINING 0 7 ACRES MORE OR LESS POINT OF COMMENCMENT NOTE: LINE .sT BEPRINc CENTER OF SECTION 3, LEGAL DESCRIPTION WAS TOWNSHIP 50 SOUTH, PREPARED FROM A BOUNDARY a 51.53' N00'02'06'E SURVEY PREPARED BY; RANGE 26 EAST CAROL E. NELSON PA. L2 50.N' SOV1J'56'W DWG. 031SORZ6 DATED 10-09-06 ------- - - - - - - Nn ,y 3 2007 4 28 Pu OA=5\O 11)0003 VAIa ryln.e.inq\0601 cnn m 0014allab n\W0117003xc-l.evq EXHIBIT G-1 CURVE I RADIUS LENGTH RADIUS LENGTH CXOND BEPRINL DELTA C1 665]3 N82'10'25"E IP51'OB" L2 31)409' 66).01' 865]8 662'02'41'W 12'02'21 POINT OF COMMENCMENT NOTE: LINE .sT BEPRINc CENTER OF SECTION 3, LEGAL DESCRIPTION WAS TOWNSHIP 50 SOUTH, PREPARED FROM A BOUNDARY a 51.53' N00'02'06'E SURVEY PREPARED BY; RANGE 26 EAST CAROL E. NELSON PA. L2 50.N' SOV1J'56'W DWG. 031SORZ6 DATED 10-09-06 ------- - - - - - - Nn ,y 3 2007 4 28 Pu OA=5\O 11)0003 VAIa ryln.e.inq\0601 cnn m 0014allab n\W0117003xc-l.evq EXHIBIT G-1 EXHIBIT C RESUMES Education MICHAEL A. MYERS Senior Vice President, Passarella & Associates, Inc. Environmental consultant and ecological services for private and public development, and road projects. Services include state, federal, and local permitting; agency negotiations; environmental impact assessments; ecological assessments; listed species surveys, permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation design, construction observations and monitoring. B.S. Wildlife Biology & Management, 1980 Michigan State University, East Lansing, Michigan Representative Projects Wetland mitigation monitoring, habitat management, agency coordination, gopher tortoise census, and gopher tortoise relocation for the 500± acre Collier's Reserve Golf Course and Country Club. Collier County, Florida. Environmental project management, wetland mitigation monitoring, and coordination of bald eagle issues for the 200± acre Florisota Properties. Lee County, Florida. Wetland jurisdictionals for real estate assessment maps for the Florida Department of Environmental Protection 800± acre Cape Romano acquisition area. Collier County, Florida. Welland mitigation monitoring for the 270± acre Hunters Ridge Golf Course and residential development. Lee County, Florida. Environmental project management, federal, state, and local wetland permitting, agency negotiation, mitigation design, and construction observations for the 50± acre Carefree Resort of Southwest Florida, mobile home and RV development. Lee County, Florida. Monitoring and report preparation on the listed species Beautiful pawpaw for the U.S. Fish and Wildlife Service. Lee and Charlotte Counties, Florida. Experience Ecologist III, Environmental Field Supervisor, Johnson Engineering, Inc., Fort Myers, FL, September 1992 - November 1996. Member of the firm's environmental section. Supervisor for ecological field studies, environmental planning, and regulatory agency coordination. Performed wetlandjurisdictional determinations, protected species surveys, regulatory permitting, and wetland mitigation design and monitoring. Representative Projects: Field supervisor and ecological assessment (vegetation mapping, jurisdictional wetland determinations, and protected species surveys) on 800± acre Estero Pointe property. Lee County, Florida. 1995 - 1996. Ecological assessment (vegetation mapping) for Florida Department of Transportation Alternative U.S. 41 Extension from south of Six Mile Cypress to Business U.S. 41. Lee County, Florida. 1996. Ecological assessment (vegetation mapping), federal and state permitting, and wetland mitigation design for 200± acre Old Town commercial and residential development. Lee County, Florida. 1996. Ecological assessment (vegetation mapping, jurisdictional wetland determinations, and protected species surveys) and federal, state, and local permitting on 60± acre Baylanding commercial and residential development. Lee County, Florida. 1995 - 1996. Ecological assessment (vegetation mapping and jurisdictional wetland determinations) and federal and state permitting on 70± acre Fisher parcel; a proposed residential subdivision. Lee County, Florida. 1995. Environmental assessment (Jurisdictional wetland determination) on 360± acre DSA proposed mining operation. Collier County, Florida. 1995 -1996. Environmental assessment (jurisdictional wetland determination and protected species survey) on 80± acre Lee County boot camp site. Lee County, Florida. 1993 - 1996. Environmental assessment (protected species survey) and agency coordination for gopher tortoise take permit on 4± acre residential home site. Lee County, Florida. 1996. Environmental assessment (jurisdictional wetland determination) on 200± acre OBP regional mall site. Collier County, Florida. 1994 - 1995. Ecological assessment assistance (vegetation mapping,jurisdictional wetland determinations and listed species surveys) on 406± acres in North Cape Coral. Lee County, Florida. 1993. Third annual monitoring report for IMC Fertilizer, Inc. 125 acre Hookers Prairie Mitigation site. Polk County, Florida. 1992. Wetland mitigation monitoring/permitting for the Florida Department of Transportation widening of S.R. 72. Sarasota County, Florida. 1993. Gopher tortoise relocation for 60 acre Market Place DRI. Lee County, Florida. 1992. Wetland monitoring at Florida Cities Water Company Green Meadows wellfield. Lee County, Florida. 1993 - 1996. Wetland mitigation inspection for 30 acre mitigation site. Lee County Department of Transportation Daniel's Road widening. Lee County, Florida. 1992. Construction inspections for Florida Department of Transportation 951 widening south of U.S. 41. Collier County, Florida. 1992. Ecological assessments (vegetation mapping, listed species surveys, and wetland jurisdictional determinations), federal and state permitting, and wetland mitigation design for Del Prado Boulevard Extension, City of Cape Coral. Lee County, Florida. 1992 - 1994. Wetland monitoring for 60 acre mitigation site at Omni Interstate Park. Lee County, Florida. 1993 - 1996. Wetland mitigation design, wetland monitoring,jurisdictional determinations, federal and state permitting, and mitigation construction observations on400 acre Health Park Florida DRI. Lee County, Florida. 1992 - 1996. Wildlife surveys on 1,100 acre River Run project. Lee County, Florida. 1992. Continuing Education Professional Associations • Panther Mitigation Workshop (2007) • Florida Uniform Mitigation Assessment Method (UMAM), South Florida Water Management District (2005) • Scrub Plant Seminar with Dr. George Wilder (2004) • Oak Trees of Lee and Collier Counties with Dr. George Wilder (2004) • FGCU Plant Identification Course (2003) • Master Wildlifer Program (2003) • Ted Below, Shorebird Seminar (1998) • Dr. David Hall, Grasses, Sedges and Rushes Plant Identification Workshop (1996) • Dr. David Hall, Sedges and Rushes Plant Identification Workshop (1995) • Dr. David Hall, Plant Identification Workshop (1993) • Native Plant Society Annual Conference (1993) • Florida Department of Environmental Protection Wetland Delineation Workshop (1993) • Dr. Victor Carlisle Hydric Soils Workshop (1993) • Florida Chamber's Environmental Permitting Short Course (1993) Florida Association of Environmental Professionals President of Southwest Florida Chapter (1996 - 1998) State Board of Directors (1996 to 1998) Local Board of Directors (1994 to 1998) Florida Native Plant Society Society of Wetland Scientists Certifications Certified Wetland Delineator by the U.S. Army Corps of Engineers Certified to Perform Generic Gopher Tortoise Relocations by the Florida Game and Fresh Water Fish Commission CHRISTOPHER M. RYAN Ecologist, Passarella & Associates, Inc Provides ecological services for private and public development and road projects. Services include state, federal, and local wetland jurisdictional determinations; environmental construction inspections; environmental impact assessments; ecological assessments; listed species surveys; and wetland monitoring. Education Bachelor of Science, Biology, 2002 Presbyterian College, South Carolina Experience Laboratory Technician II, Duke University, January 2004 —June 2005. Performed quality control and data collection experiments including Coomassie gets, Western blots, Blue Native gels, Blue Native western blots, and various forms of ELISA assays. Analyzed data and created concise reports for the principle investigators. Laboratory Animal Technician, University of North Carolina, 2003 —2004. Provided care for multiple animal species including primates, canines, felines, swine, and multiple rodent species. Followed protocol involving sterile and isolated environments. Laboratory Technician, University of Georgia, 2002 —2003. Maintained a blackfly colony for use in bioassay and biocontrol trials. Assisted with bioassay trials and field trials. Special Projects/Research, Medway Plantation, South Carolina, 2001. Performed controlled burning; Wood duck nest box cataloguing; Red -cockaded Woodpecker nest location and identification; Longleaf pine seedling and regeneration research. Continuing Education • Environmental Permitting Short Course, Marco Island, 2005 • Richard Chinn's Wetland Delineation, Tampa, Florida, September 2005 • Gopher Tortoise Management and Mitigation, Gainesville, Florida, October 2006 • 11°i Annual Exotic Species Conference, Rookery Bay, Naples, Florida, November 2006 • Scrub Jay Protocol Training, Port Charlotte, Florida, June 2007 • Environmental Permitting 101 - SFWMD, Fort Myers, Florida, August 2007 Professional Associations Florida Association of Environmental Professionals Society of Wetland Scientists EXHIBIT D AERIAL WITH FLUCFCS AND WETLANDS MAP t } OFF SITE FLUCFCS F ON SITE FLUCFCS i FLUCFCS FLUCFCS % OF a w LEGEND: SFWMD AND COE WETLANDS (12.72 Ac.1) ®SFWMD 'OTHER SURFACE WATERS' (0.07 Act) /V SURVEYED WETLAND LINE AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF JANUARY 2007. FLUCFCS LINES ESTIMATED FROM 1'=200 AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE. COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FOOT 1999). PROPERTY BOUNDARY PER RWA. INC. DRAWING No. 5001170003DMOI.DWG DATED JANUARY 21. 2008. SURVEYED WETLAND LINES PER RWA. INC. DRAWING N0. S0OI70003XO4.DWG DATED FEBRUARY 22. 2007. UPLAND/WETLAND LIMITS HAVE BEEN REVIEWED AND APPROVED BY THE SFWMD ON JANUARY 26. ZOD7. /IB/01 F.l M ,Fl ince3919 ftPASSARELLA MYSTIQUE Fou Myers, Ronda 339.9 ✓✓SSE/07 Phooe(239) 274-0067 AERIAL E 2/8/08 F(239) 2740069 & SS� AND F. WETLANDS MAP 05WD11399 pxm7vrbl OFF SITE FLUCFCS ON SITE FLUCFCS FLUCFCS FLUCFCS % OF CODE DESCRIPTION CODES DESCRIPTIONS ACREAGE TOTAL ISO RESIDENTIAL HIGH DENSITY 4119 E2 PINE FLATWOODS, DISTURBED (25-49% EXOTICS) 1.23Ac.x 7.3% 190 OPEN LAND 4159 E1 PINE. DISTURBED (024% EXOTICS) 2.40Ac.z 14.3% 4119 E2 PINE, DISTURBED (25-49% EXOTICS) 4241 MELALEUCA, HYDRIC I. Ac.± am 41%E1 PINE. DISTURBED (O24%EXOTICS) 6259 E2 NNE. HYDRIC. DISTURBED (25-49% EXOTICS) T99Ac3 47.5% 4159 E3 PINE. DISTURBED (50-75% EXOTICS) 6259 E4 FINE, HYDRIC, DISTURBED (76100% EXOTICS) 329Ac.1 19.6% 6259 E1 PINE, HYDRIC, DISTURBED (0-24%EXOTICS) 742 BORROWAREA D07Aa1 OA% 6259 E2 PINE, HYDRIC. DISTURBED (25-49% EXOTICS) 747 BERM o.38Ac, 23% 6259 E4 PINE, HYDRIC. DISTURBED (76-100% EXOTICS) TOTAL 16AO Ao, 100.0% 747 BERM 814 ROAD a w LEGEND: SFWMD AND COE WETLANDS (12.72 Ac.1) ®SFWMD 'OTHER SURFACE WATERS' (0.07 Act) /V SURVEYED WETLAND LINE AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF JANUARY 2007. FLUCFCS LINES ESTIMATED FROM 1'=200 AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE. COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FOOT 1999). PROPERTY BOUNDARY PER RWA. INC. DRAWING No. 5001170003DMOI.DWG DATED JANUARY 21. 2008. SURVEYED WETLAND LINES PER RWA. INC. DRAWING N0. S0OI70003XO4.DWG DATED FEBRUARY 22. 2007. UPLAND/WETLAND LIMITS HAVE BEEN REVIEWED AND APPROVED BY THE SFWMD ON JANUARY 26. ZOD7. /IB/01 F.l M ,Fl ince3919 ftPASSARELLA MYSTIQUE Fou Myers, Ronda 339.9 ✓✓SSE/07 Phooe(239) 274-0067 AERIAL E 2/8/08 F(239) 2740069 & SS� AND F. WETLANDS MAP 05WD11399 pxm7vrbl EXHIBIT E FLUCFCS AND WETLANDS MAP n SCALE: 1"= 200' 6259E4 (3.29 AC.$) 6259E2 (7.99 Ac.2)' " 4119E2 4159E1 W LL W y 4 LL +0.35 AC.E) W 0.02 Ac.1) W LL 4241 (0.4] 4cWt)' 4 4 4241W y (0.9] AC.E) ,. (0.38 Act) 4 4119E2� LL W V(0.�DO742 ]A Ac 2(.$) V4159EI (1.38 Ac,) +LL+ W W W 9 (0.59 Acx) J.1. LEGEND: PASSARELLA MYSTIQUE Q J.H. 4/l8/07 SFWMD AND COE WETLANDS p[ ['�SSQC�L]'ES NOTES: _ (12.]2 Acs) FLUCFCS LINES ESTIMATED FROM SFWMD 'OTHER 1'=200' AERIAL PHOTOGRAPHS AND SURFACE WATERS' ® LOCATIONS APPROXIMATED. (0.07 AO.$) FLUCFCS PER FLORIDA LAND USE, N SURVEYED WETLAND LINE COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FOOT 1999). PROPERTY BOUNDARY PER AWA. INC. DRAWING N0. 6001170003DMOI.DWG DATED JANUARY 21. 2008. FLUCFCS % CODES DESCRIPTONS ACREAGE TOTAL SURVEYED WETLAND LINES PER RWA INC. DRAWING No. SOOH70003XO4.DWG 4119 E2 PINE FLATWOODS, DISTURBED(25-BEXOTICS) 123Aas 7.3% DATED FEBRUARY 22. 2007. 4158 E1 PINE. DISTURBED (0-24%EXOTICS) 2.40A, 14.3% 4241 MELALEUCA, HYDRIC 1.44Ac.x 6.6% UPLAND/WETLAND LIMITS HAVE BEEN 6259 E2 PINE, HYDRIC, DISTURBED (25-0 EXOTICS) 7.99Ac.x 47.6% REVIEWED AND APPROVED BY THE 6259 E4 PINE, HYDRIC, DISTURBED (]6-100% EXOTICS) 3.29Acz 19.6% SFWMD ON JANUARY 26. 2007. 742 BORROWAREA O.a]Ac, 0.4% 747 BERM 0.38Ac._ 2.3% TOTAL 16.80 A9.x 100.0% J.1. 91PhD.1( Foa Myers, Florida 33919 PASSARELLA MYSTIQUE Q J.H. 4/l8/07 39)27 0067 PF. ( (239) 2740067 Fan (239) Z74-0069 p[ ['�SSQC�L]'ES NDTJ A FLUCFCS AND WETIANDS MAP _ D.B. 2/8/OB 05WD11399 EXHIBIT E EXHIBIT F FLUCFCS AND WETLAND MAP WITH TOPOGRAPHIC ELEVATIONS AND WATER LEVEL NAIL ELEVATIONS N.H No. LEGEND: D ripfioR Nail Elevation feVI NGVUU WLI-1 Top of adventitious mota on melaleuca DAVIS BOULEVARD ROW PARCEL WL1-2 Top ofadventitious roots on melaleuca 10.6 �N, (0.76 Ac.±) ofadvemitious mots onnelaleuca 10.7 WL IA BOn0111 of lichen line one v WLI-5 JY °YYY.o�YYYYYYYYY 10.8 WL2-1 TO of advemitious mots on melaleuca r Y Wt. 2-2 Top ofadventitious roots on nclaleuca SCALE: I"= ZOO' WL23 TO, of advcmitious rows on mclnleucn 10.6 WL3-1BOnOmoI collar one rens 10.5 WL 3-? To o� 10.4 WL3-3 To ,• o Y :_ Y'GD^a To of adventitious cools on melaleuca 1 10.1 \00 'CJ Y Y♦iJ Y Y Y Y Y bA. OQ8' • Y pW RSD Wi Ria YRJiyY O W . Q O �^ DY Y % ry 0. fib' Y Y Y 0>• Y p\ �'4• Y O 1 Y Y Y Y Y b J�♦ .Soya YyJaY .✓O� W g!J bT0^aYv •T°H ,a. Y10.]aD W?a .J� W JOtie .p /L"A101]3Y Y Y V'Oy WL NAIL X35 IV NAL 1-5 Y \WL Y o WL WNAIL 1-'N' 11' \OD D O)� , Y ♦,I.JY ,✓ yR6 1Dr .10Y.62 ,t. AOgV Y Y Y PROPERTY BOUNDARY O (16.80 Ae.t) �5 .\WHO fos Y o WRJe♦Y w/Dgr Y Y yD Y .�'4{ :P' W Y 'J4 W it6 ti 1M1 Qy Y Y Y •\ Y ♦�Y JJJv Y D /D v J J o YR� Y♦Db .r Y Wyp ,o Y aRP Y aY YJa'a Y 'JJ ♦�B ✓o Y Y Y Y Y Y /D �' Y a Y b0` yDl Y 'BJY 'Rlt ♦'D' Y W Y J 2 Y Y Y Y Y Y Y Y Y Y EJe ♦.J ♦ bV Op W��Y Y ♦aRo ♦a'I ♦'O ) q \0p Y aJ Y ♦/REP ♦/RL a0) ♦/�G 'lJ OJJ ;OM1^ J �00 ♦aD� 'l \�`YLOry G `9 A \0Y \ C CY 1bA0\a T �Jl ♦ ♦ ♦RJ D DOT POND PARCEL (13.00 Ac.t) RAY oo `♦�'�Y �ao Y WL NAIL W-I'2J^�b/WL♦NAIL I W Y Y W ♦' B \O \ Y Y WL NATI. 3-2 Y Y Y e Y WL N///N L]-2 Y Y WL NAIL 3L / oyh 'A Y Y ♦ •O� Y♦DDJ Y ♦R.� R' o. Y Y RWJ Y SDj Y Y G WL NAL iY WL NAILY3�5 ♦aR� Y +1R�Y Y a�iY O � �Y �. aRGt Y Y Y N.H No. LEGEND: D ripfioR Nail Elevation feVI NGVUU WLI-1 Top of adventitious mota on melaleuca 100 WL1-2 Top ofadventitious roots on melaleuca 10.6 WL 1-3 To ofadvemitious mots onnelaleuca 10.7 WL IA BOn0111 of lichen line one 10.8 WLI-5 Bovom of lichen line on cy rus 10.8 WL2-1 TO of advemitious mots on melaleuca 10.6 Wt. 2-2 Top ofadventitious roots on nclaleuca 10.3 WL23 TO, of advcmitious rows on mclnleucn 10.6 WL3-1BOnOmoI collar one rens 10.5 WL 3-? To of adventitious roou on melaleuca 10.4 WL3-3 To of advemitlousroou on melaleuca 10.2 WL 34 To of adventitious cools on melaleuca 1 10.1 NOTES PROPERTY BOUNDARY PER RWA, INC. DRAWING NG.MASTER SITE P"N.DWG DATED APRIL 12. 2007. SURVEYED WETLAND LINES PER PWA INC. DRAWING No. 5001170003XO4.DWG DATED FEBRUARY 22.2007. UPLAND/WETLAND LIMITS HAVE BEEN REVIEWED BY THE SFWMD ON JANUARY 26 200]. TOPOGRAPHIC AND WATER LEVEL NAIL ELEVATIONS PER RWA INC. DRAWING No. 5001170003XOI.DWG DATED APRIL 23. 2007. LEGEND: SFWMD AND COE WETLANDS n� y SURVEYED WETLAND LINE J TOPOGRAPHIC ELEVATION (TYP.) NOTES PROPERTY BOUNDARY PER RWA, INC. DRAWING NG.MASTER SITE P"N.DWG DATED APRIL 12. 2007. SURVEYED WETLAND LINES PER PWA INC. DRAWING No. 5001170003XO4.DWG DATED FEBRUARY 22.2007. UPLAND/WETLAND LIMITS HAVE BEEN REVIEWED BY THE SFWMD ON JANUARY 26 200]. TOPOGRAPHIC AND WATER LEVEL NAIL ELEVATIONS PER RWA INC. DRAWING No. 5001170003XOI.DWG DATED APRIL 23. 2007. MYSTIQUE ,.I. va/D3 9110 Foo TnyerG, Florida 33919 PASSARELLA FLUCFCS AND WETLAND MAP WITH °,D9I "°'1.(239)2740069 EXHIBIT F J 12/04/03 Phone(239) 274-0067 01. ASSOCIATES TOPOGRAPHIC ELEVATIONS AND WATER LEVEL NAIL ELEVATIONS �H.IN x D.B. 2/8/08 EXHIBIT G SOILS MAP 5 r x� LOCATION rri;, xf S,'Aljlv m ' N 4 IT ?ate t T' t yL dy Jf y'V,y r •I�.t OSx '`1r,�. y t 1�6 X% '�CLs+F, •aE�4 k R.Y�� M�. • qd� IY N�;w .i} li' � IF i q � +.LK, 14�. �'gll��y�t.0.,1q 9Y1 � S w 1 ,�• I � � , ?N Y> N \ NOTES: Wl Unit DE*ONIp110n Hy0tl0 �E.4L EIRE g LBgBOfli 19 PINEDA FINESANO. LIMESTONE SUBSTRATUM YES THROUGH COLUEF EOUNTY FRORERT' p 21 BOCA FINE SAND NO Do1E OEEAQS �FpYCZ�WHN gFLIOHi MYSiIouE 7. HYGRIC O NON-HYGRIC THHDGEWOEGRREPHIC RLiDqUNEORY wEEVIE. A 0 100 20D 300 400 fi00 sons ACOURED LIRERDNEBTHE EEORIoq 4FTO"RNIf pdiq LlRRdRY WEBSIiF E Faet SERVICE PESOURCEs OOMSEWVATION p SERVICE 1990. i D.B. 2/8/08 f PASSARELLA e EXHIBIT G. SOILS MAP na anaY IZBios Mw MYSTIQUE Iru+ Ix,<' K72USOCIATES9 EXHIBIT H CONCEPTUAL WATER MANAGEMENT PLAN II II II II II 3 II III it III Ilk Z: m L II MPRKET STREET ILII II Tu II II I 11 11 III 11 11 II I I II 1 II 1 11 II 1 11 1 1 II 11-0010411 II 1 II i II II WATERWAYS JOINT VENTURE VII MYSTIQUE CONSULTING .JL %. T TL JL nore:enans CONCEPTUAL WATER MANAGMENT PLAN 050111000] _i SOOiii0003x1 EXHIBIT I SITE PLAN A, DAV(S BLVD^ VD - 9 SCALE: V= 100' DAVIS BOULEVARD ROW PARCEL WESTPORT CENTER COMMERCE CENTER MPUD CEDAR HAMMOCK f RPUD J �/ LiI LAKES W a PIL f F J / : J J J O fiffi � F "a DOT POND PARCEL s i 9 NOTES: PROPERTY BOUNDARY AND SITE PLAN PER RWA INC. DRAWING p NO. IN14R 15.2008. DATED FEBRUARY 15. 2008. S � oawxer owre J.I. 4/18/07 9110 College Poing Court ouaxa o""' Fort Myers, Florida 33919 �PASSARELLA MYSTIQUE 06WD11399 g J.H. • 40/1 07 Phone(239) 274OD67 D.B. 2/8/08 Fuc (239) 2740069 & SS� �f']"ES' a SITE PLAN 6EXHBR 1 EXHIBIT J PROJECT BOUNDARY WITH OFF-SITE PRESERVES f PFS Kt' p ��55pp K �J EXHIBIT K PROJECT LOCATION WITH LAND USE DESIGNATIONS BLVD PROJECT LOCATION ELI EXHIBIT K. PROJECT LOCATION WITH LAND USE DESIGNATIONS MYSTIQUE Legend: y MYSTIOUE 5 MILE RADIUS COUNT PS O' Cg11ER COUTY COLLIER FLU - BAYSNORE/GATEWAY TRIANGLE REDEVELOPMENT - ESTATES DESIGNATION INCORPORATED AREA INDUSTRIAL DISTRICT INTERCHANGE ACTIVITY CENTER SUBDISTRICT L—J LIVINGSTON ROAD / EATp640W LANE COMMERCIAL INFILL — LIVINGSTON ROAD COM4RIIAL INFILL SUBDISTRICT ® LIVINWTON/RADIO RD COVMERCIAL INFO.L SUBDISTRICT _ MIXED USE ACTIVITY CENTER SUBDISTRICT RF -NEUTRAL RF-RECEIVMG RF -SENDING RESIDENTIAL DENSITY BALES URBAN COASTAL FRINGE SUBDISTRICT URBAN RESIDENTIAL FRINGE SUBDISTRICT - URBAN RESIDENTIAL SUBDISTRICT 0 1 2 3 Miles COUNTY INFORMA➢ON AND FAAC.I NETWpMS WERE ACQUIRED FROM THE FLOWOA GEOGRAPHIC DATA LIBRARY WEBSR, COLLIER FLU WAS ACQUIRED FROM THE COLLIER WNTY CIE WEBSITE HTTP "AA.COLUER GO¢1¢TYWE BSITE/OO.CAQNET/DOWLLOAO, ASMX Y A05 AIR IS CURRENT TO FEDMNRY .El. PASSARELLA ASSOCIATES � EXHIBIT L AERIAL WITH SITE PLAN AND SURVEYED LOCATIONS OF RED -COCKADED WOODPECKER CAVITY TREES .r' 4w n�1 Alie r d >r " 1 ',x'e irw .4 y �7 A is a� oM1 `� WESTPORT COMMERCE CENTER MPUD /LAKE. _ CEDAR 'HAMMOCKS V RPD Pvl .PIL .. 1� CAVITY TREE No.2 �+.5y DOT POND PARCEL s (13 00 -Act) p5 kt i F a P t M� EXHIBIT M WATER LEVEL NAIL PHOTOGRAPHS (AAL - I F3 'I/A f lit "TPI ppb WL 1-5 bottom of lichen lines on cypress WL 2-1 top of adventitious roots on melaleuca WL 2-2 top of adventitious roots on melaleuca WL 2-3 top of adventitious roots on melaleuca WL 3-1 bottom of moss collar on cypress WL 3-2 top of adventitious roots on melaleuca EXHIBIT N WETLAND IMPACT MAP n ON SCALE: 1'= 200' P/I NOTES 9110Co11ege Pomce Court PASSARELLA 27400 Fort Myers,Fl274,00919 Phone (239) 67 Ess (239) 2740069 ---�. &. A330CIATES i MYSTIQUE SOSWUI1399 WETLAND IMPACT MAP EXH181TN LEGEND: FLUCFCS LINES ESTIMATED FROM 1'=200' AERIAL FLUCFCS WETLAND OSW AND LOCATIONS APFRO%IMATED. WETLANDIMPACT CODES IMPACT IMPACT TOTAL ®PHOTOGRAPHS (12.72 pc f) 4241 1A4Aa± 1.44 Ac.± FLUCFCS PER FLORIDA LAND USE. AND FORMS 6259 E2 ].99 Ac.i - ].99 Ac.± ) (PO CLASSIFICATION SYSTEM (FLUCFCS) (POST 1999). OBW IMPACT 6259 E3 O.00Ac.- ® (O.D] Ac.f) 6259 E4 3.29- 3.W Ac, PROPERTY AND SURVEYED WETLAND LINES PER MA INDRAWING N0.$00II70003XD4.DWG MABOUNDARYINC. DRAWING NTO SURVEYED WETLAND LINE 0.07 Ac, O.W Ac.± DATED FEBRUARY 22. 2007. TOTAL 12.)2 Ac.x O.W Au± 12.79Ac± SITE PLAN PER RWA INC. DRAWING No. 5001170003DMOILMG DATED FEBRUARY 15. 2008. UPLAND/WETLAND LIMITS HAVE NOT BEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TO CHANGE. 9110Co11ege Pomce Court PASSARELLA 27400 Fort Myers,Fl274,00919 Phone (239) 67 Ess (239) 2740069 ---�. &. A330CIATES i MYSTIQUE SOSWUI1399 WETLAND IMPACT MAP EXH181TN EXHIBIT O WETLAND MITIGATION ANALYSIS Step 1. Step 2. Step 3. Step 4. Step 5. MYSTIQUE 00F, SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND U.S. ARMY CORPS OF ENGINEERS WETLAND MITIGATION ANALYSIS February 2008 Qualitatively Describe Impact and Mitigation Areas A Uniform Mitigation Assessment Methodology (UMAM) Polygon Map is enclosed to illustrate the individual wetland polygons analyzed in the assessment and a qualitative characterization of the proposed wetland impact and mitigation areas was conducted using the UMAM. Quantify the Impact and Mitigation Areas A quantitative characterization of the proposed wetland impact areas was conducted using the UMAM. Wetland Functional Loss Determination for Wetland Impacts Based on the UMAM quantitative assessment, the proposed 12.72± acres of wetland impacts will result in a functional loss of 7.15 units. See Table 1 attached. Wetland Impact Functional Units Lost = 7.15 Units Determine Functional Units Gained for Wetland and Upland Mitigation Areas No preserve area is required for the Project. Therefore, there is no proposed gain for the Project. See Tables 2 and 3 attached. Total Functional Units Gained = 0.00 units Calculate Off -Site Mitigation Purchase Requirements An off-site mitigation parcel, in a cooperative effort with Collier County Department of Transportation, will be purchased in order to offset the Project's functional unit deficit. As the project site is located within the West Collier Drainage Basin, the off-site parcel will be located within the West Collier Drainage Basin as well in order to retain overall wetland function within the region. Wetland Impact Functional Units Lost = 7.15 Units Total Functional Units Gained = 0.00 units Total Off -Site Functional Units Needed = 7.15 Units 0-1 Table 1. UMAM Functional Loss for Wetland Impacts for Mystique Welland Polygon No. PLUCKS Code Water Location Environment Community Syracture ScarelDelra Impart Acreage Punta onal Unib boa 1 6259E 7.00 700 600 067 7.99 535 2 4241 5.00 4.00 100 0.33 0.97 0,32 3 4241 5.00 4.00 1.00 0.33 047 0.16 4 6259FA 1 5.00 4.00 3.00 0.40 3.29 132 TOTALS 12.72 7.15 Functional Loss for Pro Deed Wetland Impacts 1 7.15 Passarella & Associates, Inc. %05WD11399 02l&OS to() PART I — Qualitative Description (See Section 62-345.400, F.A.C.) Sim/Project Name Application Number Assessment Area Name or Number Mystique 061116-02 W-1 FLUCCs code Further classification (optional) Impact or Mitigation Site? Assessment Area Sim 6259 E2 N/A Impact 7.99 Basir*Vatershed NamelNumber Affected Walerbody(Clow) Special Classification a.eofw. n.. surer kxawW xde,zl demsnamn M neon.) West Collier Basin Lely Canal Basin WA Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands This wetland area Is bound by uplands to the south and southeast, a berth to the west, and Davis Boulevard to the north. Assessment area desoription The canopy and sub -canopy vegetation includes slash pine, cabbage palm, and melaleuca. The sub -canopy also includes cocoplum, wax myrtle, and earleaf acacia. The ground cover contains saw gross, gulfdune paspalum, swamp rem and rush tuners. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Significant nearby features include major roads and a berm. Not unique in relation to regional landscape Functions Mitigation for previous permillofi er historic use Moderate ecological functions provided due to urban location and altered N/A hydrology. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found ) assessment area) Anticipated wildlife utilization is by birds, small mammals, reptiles and The results of a listed species survey and two 14 day RCW surveys invertibrates (nesting and non -nesting season) found two Inactive cavity trees and a Big Cypress fox squirrel on the property. Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Little evidence of wildlife utilization Additional relevant factors: N/A Assessment conducted by: Assessment chemist: CR 6/29/2006 Revised 5/31/07 Revised 2/7/08 Form 62-345.900(1), F.A.C. [ effective date of 2/2/041 PART 11 — Quantification of Assessment Area (Impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Mystique 06111612 W-1 Impact or Mitigation Assessment conducted by: Assessment dale: Impact CR 2/]/2008 Scorin Guidance The scoring of each indicator Is as on what would be suitable for the type of it ntl or surface water assessetl 0 timet t0 Modemte7 Minimal b Not Present 0 (me for uplands) Condition is le ss than West side of area is bermed and Inhibits hydrologic connectivity to large undeveloped wetland to the west. Condition is optimal antl fully optimal, but sulUcient to Minimal level of support of ContllUon is insufficient to supports wetiand/surface maintain most wetland/surface water provide wetland/surface water funGions we0and1surface Pontlions water functions w pres or waterfunctions current with .500(6)(a) Location and Landscape Support w/o pros or current with 0 Wetland provides large area for wildlife and connectsto site preserves to the west. Welland Is bound by Davis Blvd to the north. Blvd the .500(6)(b)Water Environment (me for uplands) West side of area is bermed and Inhibits hydrologic connectivity to large undeveloped wetland to the west. wlo pres or current with 7 0 .500(6)(c)Comm unity structure 1. Vegetation and/or 2. Area has varying degrees of exotic vegetation including melaleuca and Brazilian pepper. Moderate amount of Benthic Community species diversity in the ground cover. w pres or current with 6 0 Score=sum of above scpres130 (i If preservation as mitigation, .piano., divide by 20) Preservation adjustment factor= current y with Adjusted mitigation delta= 0.6] 0 m t ga ion Delta=[with-current] Timelag (t -factor)= Risk factor= Form 62-345.900(2), F.A.C. [effective date 02-0420041 For impact assessment areas FL = delta x acres = 0.67 x 7.99 =5.35 For mitigation assessment areas RFG = delta/(( -factor x risk) = PART I — Qualitative Description (See Section 62-345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Mystique 061116-12 W-2 FLUCCs code Further classification (options[) Impact or MNgatio7Site?A& sessment Area Siz4241 N/A Impac0.97 BasiN atershed NameJNumber Affected Waterbody(Class) Special Classification a.e.eFW. AP. oaar rocauve rai aemaawn d xponanve West Collier Basin Lely Canal Basin N/A Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands This wetland area is bound by wetlands to the north, south and west. A retaining wall is located along Its east boundary. Assessment area description The canopy and sub -canopy vegetation includes a dominance of melaleuca. The sub -canopy also includes wax myrtle, and melaleuca. The ground cover is sparse and contains saw grass, gulfdune paspalum, swamp fern and rush fuirena. Uniqueness (considering the relative rarity in relation to the regional Significant nearby features landscape.) Significant nearby features include major roads and a berm. Not unique in relation to regional landscape Functions Mitigation for previous permit/other historic use Minimal functions provided due to urban location, altered hydrology, and N/A exotic infestation. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found ) assessment area) Anticipated wildlife utilization is by birds and small mammals, reptiles and The results of a listed species survey and two 14 day RCW surveys (nesting and non -nesting season) found two inactive cavity trees and invenibrates a Big Cypress fox squirrel on the property. Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Little evidence of wildlife utilization Additional relevant factors: N/A Assessment conducted by: Assessment date(sk CR 6/29/2006 Revised 5/31/07 Revised 2/7/08 Form 62-345.900(1), F.A.C. [ effective date of 2/2/041 PART II — Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Mystique 061116-12 W-2 Impact or Mitigation Assessment conducted by: Assessment date: Impact CR 21712006 Scorin Guitlance The scoring of each intlicasor Is Oasetl on what would be suitable for the type of wetland or surface waterassessed O lima110 Moderator Minimalb Not Present 0 (me for uplands) Condition is less than Evidence of extensive pending observed in this area due to proximity of retention wall along Market Street. Condition is optimal and fully optimal, but sufficient to Minimallevelofsupponof Condition is insufficient to supports we0and/surface maintain most we0antl/surface water provide wetland/surface water functions wetland/surface functions water functions w/o pres or watedunctlons current with .500(6)(a) Location and Landscape Support w/o pros or current with 5 0 Wellandacreageis small but isconnectednorth sato larger wetlands,abusth Market Street tothe east Wetland Is surrounded on south, west and north sides by other wetland, with moderate to high levels of exotics. .500(6)(b)Water Environment (me for uplands) Evidence of extensive pending observed in this area due to proximity of retention wall along Market Street. wlo pros or current with 4 0 .500(6)(c)Communily structure 1. Vegetation and/or 2. Area is a monoculture of melaleuca. Benthic Community w/o pres or current with 0 Score=sumofaboveacoresl30 (IIIIf preservation as mitigation, uplands, divide by 20) Preservation adjustment factor = current or wto or s with Adjusted mitigation delta= 0.33 0 In mitigation Delta =[with -current] Time lag f4aclor)= Risk factor= Form 62-345.900(2), F.A.C. [effective date 02-04-20041 For Impact assessment areas FL = delta x acres = 0.33 x 0.97 =0.32 For mitigation assessment areas RFG = deltalf-factor x risk) _ PART I — Qualitative Description (See Section 62-345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Mystique 061116-12 W-3 FLUCCs code Further classification (Optional) Impactor MitigationSile? Assessment Area Size 4241 N/A Impact 0.47 BasIn4Vatershed Name/Number Affected Waterbody(Class) Special Classfaceslon Q.e.OM, AP. omalowwwralstlml aexonau dhrxu-) West Collier Basin Lely Canal Basin N/A Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands This wetland area is entirely bound by wetlands. Assessment area description The canopy and sub -canopy vegetation includes a dominance of melaleuca. The sub -canopy, also includes wax myrtle, and melaleuca. The ground rover is sparse and contains saw grass, gulfdune paspalum, swamp fern and rush fuirena. Uniqueness (considering the relative rarity in relation to the regional Significant nearby features landscape.) Significant nearby features include major roads and a berm. Not unique in relation to regional landscape Functions Mitigation for previous permit/other historic use Minimal functions provided due to urban location, altered hydrology, and N/A exotic infestation. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Spades (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T. SSC), type of use, and intensity of use of the be found ) assessment area) Anticipated wildlife utilization is by birds and small mammals, reptiles and The results Of a listed species survey and two 14 day RCW surveys (nesting and non -nesting season) found two inactive cavity trees and invertibrates a Big Cypress fox squirrel on the property. Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Little evidence of wildlife utilization Additional relevant factors: N/A Assessment conducted by: Assessment dale(s): CR 6/29/2006 Revised 5/31107 Revised 2/7/08 Form 62-345.900(1), F.A.C. [ effective dale of 2/21041 PART II — Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) SIIeIProject Name Application Number Assessment Area Name or Number Mystique 06111642 W-3 Impact or Mitigation Assessment conducted by: Assessment date: Impact CR 2/]/2008 Scouma Guidance The scoring of each indicetor is based on whal would be suitable for the type of wetland or surface water assessed Optimal 10 Moderate(7) Minimal d Not Present 0 (me for uplands) Condition is less than Evidence of extensive learning observed in this area. Condition is optimal and full optimal, but sufficient to Minimallevelofsupportof Condition is insufficient to supports wetland/surface maintain most wetland/surface water provide wetland/surface water functions wetland/surface functions is, functions wlo pros or water(unclions current with .500(6)(a) Location and Landscape Support w/o pros or Curren with 5 0 Welland acreage Is small but is surrounded by larger, higher quality wetlands. .500(6)(b)Water Environment (me for uplands) Evidence of extensive learning observed in this area. w/o pros or current with 4 0 .500(6)(c)Community structure 1. Vegetation and/or 2. Area is a monoculture of melaleuca. Benthic Community wlo pros or current with 0 Score= sum ofabovescores130 (I If preservation as mitigation, uplands, Livlde by 20) Preservation adjustment factor= current or wl, or s with Adjusted mitigation delta= 0.33 1 0 mn ga ion Delta =[with -current] Time lag (Wester) Risk factor = Form 62.345.900(2), F.A.C. [effective date 02.04-20041 For impact assessment areas FL = delta x acres = 0.33 x 0.47 =0.16 For mitigation assessment areas RFG = delta/(t-factor x risk) PART I — Qualitative Description (See Section 62345.400, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Mystique 061116-12 W-4 FLUCCs code Further classification (optional) Impact or Mitigation Site? Assessment Area Size 4241 WA Impact 3.29 Basin/Watershed NamePlumber Affected Watertedy(Class) special Classification uo.O .ria, deed LkuWledmi deegnaiun of MgcurCtu West Collier Basin Lely Canal Basin N/A Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands This wetland area is bound by a major road to the north, a retaining wall to the east, and wetlands to the west and south. Assessment area description The canopy and sub -canopy vegetation includes slash pine, cabbage palm, and melaleuce. The sub -canopy also includes cocoplum, wax myrtle, and eadeaf acacia. The ground cover contains saw grass, gulfdune paspalum, swamp fern and rush fudena. Uniqueness (considering the relative rarity in relation to the regional Significant nearby features landscape.) Significant nearby features include major roads and a berm. Not unique in relation to regional landscape Functions Mitigation for previous permlVother historic use Minimal functions provided due to urban location, altered hydrology, and N/A exotic infestation. Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found ) assessment area) Anticipated wildlife utilization is by birds and small mammals, reptiles and The results of a listed species survey and two 14 day RCW surveys invedibrates (nesting and non -nesting season) found two inactive cavity trees and a Big Cypress fox squirrel on the property. Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Little evidence of wildlife utilization Additional relevant factors: WA Assessment conducted by: Assessment chalets): OR 6/29/2006 Revised 5/31/07 Revised 2/7/08 Form 62-345.900(1), F.A.C. [ effective date of 2/2/04] PART II — Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Mystique 061116-12 W-4 Impact or Mitigation Assessment conducted by: Assessment tlate: Impact CR 217@006 scoring Guidance The scoring of each Indicator is based on what would be suitable for the type of wetland or surface water assessed 0 timet 10 Moderate Minimal 1 Not Present 0 (me for uplands) Condition is less than Evidence of altered hydrology due to extensive pending and soil disturbances In this area. Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetlantl/surface maintain most wellandlsurface water provide weltandlsurface water functions wallandlsudace functions water functions w/o pres or waterfunctions current with .500(6)(a) Location and Landscape Support w10 pres or current with 5 0 Welland bound on three sides by wetlands and a retaining wall to the east. .500(6)(b)Water Environment (me for uplands) Evidence of altered hydrology due to extensive pending and soil disturbances In this area. w/o pres or current with q 0 .500(6)(c)Community structure 1. Vegetation and/or 2. Area is highly Infested by melaleuca and is limited in species diversity in the sub -canopy and herbaceous strata. gamble Community w/o pres or current with 3 1 0 Score=sumofabove oras130 (1If preservation as mitigation, uplands, dMd. by 20) Preservation adjustment factor= current or w/o s with Adjusted mitigation delta= 0.40 0 m ga ion oelta = (with -current] Time lag (Waster) Risk factor= Form 62-345.900(2), F.A.C. [effective date 02.04-2004[ For Impact assessment areas FL = delle x acres = 0.4 x 3.28 =1.32 For mitigation assessment areas RFG = deltal(hfac(or x risk) n v SCALE: P'=200' u LEGEND: V SURVEYED WETLAND LINE WETLAND / UPLAND No. (TTP.) G259E2 NI_� Q 7 7 NOTES PLUCKS LINES ESTIMATED FROM 1'=200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. PLUCKS PER FLORIDA LAND USE. COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS)(FOOT 1999). PROPERTY BOUNDARY AND SURVEYED WETLAND LINES PER RWA INC. DRAWING N0.5001170003X04.DWG DATED FEBRUARY 22. 2007. SITE PLAN PER RWA INC. DRAWING No. 5001170003DMOI..G DATED FEBRUARY 15. 2008. UPLAND/WETLAND LIMITS HAVE NOT BEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TO CHANGE. t C.MT 3a X07 9 -on M e.,ePointe 3919 Vtl& CounPASSARELLA MYSTi HEXHIBIT Fort Mels, flrida 33919 QB.B. 3/2/07 Phone (239) 2740067 —UMAM POLYGON MAP I-- Fu(239)2740069 ASSOCIATES3 D.B. va/0s - EXHIBIT P RATER QUALITY ANALYSIS EXHIBIT Q LISTED SPECIES SURVEY MYSTIQUE LISTED SPECIES SURVEY July 2006 Revised June 2007 INTRODUCTION This report outlines the listed species survey conducted by Passarella & Associates, Inc. for Mystique (Project). The purpose of the survey was to review the Project area for listed flora and fauna species. The review included a literature search of listed species within the Project's geographical area and on-site field surveys conducted on July 27, 2005, and subsequently updated on January 6, 2007 and March 16 and 18, 2007. The Project site is 30.56± acres in size and is located in Section 3, Township 50 South, Range 26 East, Collier County (Figure 1). More specifically, the Project is found south of Interstate 75, south of Davis Boulevard, approximately two miles west of the Davis Boulevard and County Road 951 intersection. The Project site currently supports disturbed, forested uplands and wetlands (Figure 2). The Project's surrounding land uses include Cedar Hammock to the south and west; Davis Boulevard and Saddlebrook Village Apartments to the north; and Westport Commerce Center to the east. METHODOLOGY AND DISCUSSION The listed plant and wildlife species survey included an on-site review and literature search. Field surveys were conducted on July 27, 2005; January 6, 2007; and March 16 and 18, 2007 to determine whether the Project was being utilized by state or federal listed species. The literature search involved an examination of available information on protected species in the Project's geographical region. The literature sources reviewed included the Florida Fish and Wildlife Conservation Commission (FWCC) Florida's Endangered Species, Threatened Species and Species of Special Concern, Official Lists (2006); Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); U.S. Fish and Wildlife Service (USFWS) Habitat Management Guidelines for the Bald Eagle (Haliaeetus leucocephalus) in the Southeast Region (1987); the Florida Panther Habitat Preservation Plan (HPP) (Logan et al. 1993); the Landscape Conservation Strategy map (Kautz et al. 2006); and the USFWS database for recorded locations of the Florida panther (Puma concolor coryi), bald eagle, red -cockaded woodpecker (Picoides borealis) (RCW), Florida black bear (Ursus americanus floridus), Florida scrub jay (Aphelocoma coerulescens), and wading bird rookeries in Collier County. The database information for the Florida panther is current to July 2005, the bald eagle information is from 2001, wading bird rookeries infonnation is current to 1999, and the RCW information is from 1999. Q-1 The results of the literature search found documented historic RCW activity on the Project site. No bald eagle nests, Florida black bear radio -telemetry locations, or Florida scrub jay clans are located within a one mile radius of the site (Figure 3). One Florida panther telemetry point was documented approximately 0.25 miles southeast of the site. The literature search also found the site was located inside the Core Foraging Area of three documented wood stork (Mycteria americana) rookeries (Figure 4). The wood stork is a state and federal listed endangered species. The literature search also finds that the property is not located within Florida panther Priority 1 or Priority 2 habitat according to the HPP or within the primary or secondary habitat protection zones according to Kautz et a[. 2006. Furthermore, the parcel is not located within the Panther Focus Area (Figure 5). Other potential listed species that can occur in this part of Collier County include the Big Cypress fox squirrel (Sciurus niger avicennia), Eastern Indigo snake (Drymarchon corals couperi), and gopher tortoise (Gopherus polyphemus). The Big Cypress fox squirrel is a state listed threatened species and is generally found in the pine and/or cypress communities. The Project area does contain some pine communities such as Pine Flatwoods, Disturbed (25-49% Exotics) (FLUCFCS Code 4119 E2); Pine, Disturbed (0-49% Exotics) (FLUCFCS Codes 4159 El and E2); and Pine, Hydric, Disturbed (25-100% Exotics) (FLUCFCS Codes 6259 E2, E3, and E4). The Eastern Indigo snake is a state and federal listed threatened species and frequents several vegetative cover types including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, and edges of freshwater marshes, agricultural fields, coastal dunes, and human -altered areas. The Project area contains communities that may potentially be Eastern Indigo snake habitat such as Pine Flatwoods, Disturbed (0-24% Exotics) (FLUCFCS Code 4119 E2). No Eastern Indigo snakes or Big Cypress fox squirrels were noted during the listed species survey. ON-SITE SURVEY RESULTS During the initial survey in July 2005, two potential RCW cavities were identified on the Project site (Figure 6). The RCW is a state listed threatened species and a federally listed endangered species. Per the USFWS Draft Standard Local Operating Procedures for Endangered Species, specific non -nesting and nesting season RCW surveys were conducted in December 2005 and in May 2006, respectively. During the two separate 14 consecutive day surveys, no RCWs were heard or observed at the cavity trees or anywhere else on the property. Furthermore, a pileated woodpecker was observed emerging from a cavity tree (Cavity Tree No. 2) on May 2, 2006 during the nesting season survey. A Big Cypress fox squirrel was observed in the Pine Hydric, Disturbed (50-75% Exotics) (FLUCFCS Code 6259 E3) habitat in the southern third of the site during the December 12 and 14, 2005 RCW non -nesting season foraging surveys and again during the March 16 and 18, 2007 listed species surveys. A total of 17 squirrel nests were identified on the Project site during the March surveys (Figure 6). Q-2 SUMMARY According to the literature search, there is historic RCW activity recorded on the Project site. On July 27, 2005, Passarella & Associates, Inc. found two potential RCW cavity trees in the Pine, Disturbed (25-49% Exotics) (FLUCFCS Code 4159 E2) habitat centrally located on the property (Figure 6). The results of the RCW non -nesting and nesting foraging surveys conducted in December 2005 and May 2006, respectively, determined that the cavity trees are not being utilized by the RCW. A Big Cypress fox squirrel was observed in the Pine, Hydric, Disturbed (FLUCFCS Code 6259 E3) community located in the southern third of the site on numerous occasions. REFERENCES Florida Fish and Wildlife Conservation Commission. 2006. Florida's Endangered Species, Threatened Species, and Species of Special Concern. Official Lists, Bureau of Non - Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Kautz, R., R. Kawula, T. Hector, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape -scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages 118-133 Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell, 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service; Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. U.S. Fish and Wildlife Service. 2002. Draft Standard Local Operating Procedures for Endangered Species Red -Cockaded Woodpecker. South Florida Ecological Services Office. Q-4 2 N W O E {Nn" p � 0 0 COLLIER COUNTY S I I I 40LDEN BATE. /T I ��PROJECT LOCATION _s (EXIT 101) SEC 3, TWP 50 S, RGE 26 E _rIffn RADIO RD a DAVIS BLVD C PASSARELLA and ASSOCIATES. INC. FIGURE 1. PROJECT LOCATION MAP Consulting Ecologists MYSTIQUE DRAWN BY: F.L. DATE: 7/27/05 2 I PINE RICGF PD _ 'AAk ♦ - Legend: < • , ♦ I" MvsTlooE o O ♦ ♦ - + 8,C EPGLE GPEEN DCVO _ W " f NE$T — Iu • FLORTA PANTHER TELEMETRY • ♦ FWCC 6,1H BEAR LOCATIONS -- ♦ J ♦ ® FWCC RCW LOCATIONS a _ - m cyole a _L �_ COLLIER COONTY D i _ _ GOLCAN GPTE PKWY i• ♦ ♦�'( iA i • •• Q • • • O ♦ • N N ^ N '.. +-BECK BLVD H �N\,\/1//�f W E RAIDDP. 1 Iv ♦ ' ° PROJECT • LOCATION �-� '�•�'4l •• •�, • >— x} •• • V • % • •,V • • s a FIHMINGO DP '- - rS A� D 0.6 12 1.8 2.6 3 pPV15 BLVOt ♦ ♦'--� J• •`1 • MIIeS 4. � -PALM D O r ♦� _ • • •�• < s z ♦ •• N ,• o \ 9 ® ,.. ♦ THOMA630NDR — RPTTLESNAKE HAMMOCK A "LTncws dGb _ ® %a[mrunrnrtwmerttt �1 �� ✓moi • (`u �1 nxnnou[wnmv L • ♦ � ._.�\• i\ +♦�• , _• •� wumXwue nrcnwv¢nr+o v6d uww -- t�`�• .- 4o w fir. Passarella and Associates, InC. a _ MYSTIQUE Consulting Ecologists M.A.M. b2elas DOCUMENTED OCCURRENCES OF Tf b2e1M �I31w 9" College Parole uH FOH M,,rs FL 33919 y leaNer'�sa LISTED SPECIES .'RKA N §19310 \4 0O 819019CR By `{ 9i Legend: TERRYSI dfMYSTIDVE O * W00D STORK RWttERIES BONITP BE1CN BD O,P 0 30 KM FORAGING 20NE qO 9 OUNT ES COLLIEP CWNiY O O LEE COLNTY o O OIL`WELL RD CG 9 IMMOKAI:EE'RD 819030 0 6191616191W m O.A VANDEflBILT w BEACXAD g D GOLDEN GATE BLVD 6191]0 OO ¢ 0 Q i�p PINE flIDGE RD 0 9 0 U GFEEN.BLVD °`� Z m OCOLDEN GATE9� PROJECT LOCATION N W E PADIO flD pBLVD L]5 5 DPVISBLVD 0 2 A 6 G Mlk9 0. NATTLESNAKEXAMMOCK �m xm.wvs 0 n�vranr sn[luraaew n ON "GO7-777V- aD a y J'x.BO6 Passarella and Associates. Inc. J EODS MYSTIQUE Consulting Ecologists »-� r 9110 College Parole CoO FOn.,ED. FL 33919 WOOD STOflKnOOKEflIESAND 90 KM FORAGING MANGE J.I. 6VT&06 s 0 2qR naa5 s-� s ANAT E oHEECHOEEE ST LU S AROAOW �1 i .H 1R ` BO ORiw "� --HIGHLAND cn TmA EE OBEE � SARASOTA DE TO d^' 1 `NCRTH.P/INRr �� ry1gR i S ENGLEW000" � � POPTDHAflLOTTE P�BITA GORDA al 1 'A T.___ MOONflE MAVEN . HA�LLE CLEWIST N HOOKER HIM - I EQRTMYERS LEwgH A'cRES / PALM BEAC f o OPECOggL J \ - _ g �y_ 8Ry1 V MIT PRIM 75 � IMMOMAOEE R GPBH t i I� L_ I PROJECT sl LOCATION j lege MY '� eiERGEA6RR ' EyM STIDL@ CITIES / f PANTHER FOCUS AREA BH t PANTHER ZONES 0 PRIMARY ZONE DECCNDARY ZONE ® DISPERSAL ZONE ® PRIMARY DISPERSAL / EXPANSION AREA DISPERSAL PATHWAYS (THATCHER 2006 MONRO� 1 0 0 10 10 m as Mllee mwcorrcw�x[rw xvx[nwwts xee / d` ; B 0 �• ➢ HEY IA CO AM'" Pa" SECstiALR Passare/la and Associates. Inc. MYSTIQUE o.woll M ApM. &t&O6 VSFwS COpOI(Ip�ECOIO(JIS(S PANTHER ZONES WITH PANTHER FOCUSAREA �»nd dl. WEI. THFLOfl10 tyre. N''N9 FIOUPEB EXHIBIT R RED -COCKADED WOODPECKER NESTING SEASON FORAGING SURVEY MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON FORAGING SURVEY July 2006 Prepared For: Waterways Development, Inc. 15122 Summit Place Circle Naples, Florida 34119 (239) 352-6610 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274-0067 Project No. 05 WDI1399 TABLE OF CONTENTS Page Introduction................................................................................................................................. l Biology of the Red -Cockaded Woodpecker...............................................................................1 Methodology...............................................................................................................................3 Results.........................................................................................................................................3 References...................................................................................................................................4 LIST OF FIGURES Page Figure1. Project Location Map..........................................................................................2 LIST OF APPENDICES Page Appendix A. Red -Cockaded Woodpecker Nesting Season Foraging Survey Field Observations............................................................................... A-1 Appendix B. Red -Cockaded Woodpecker Nesting Season Foraging Survey Maps with Station Numbers.................................................................B-1 iii INTRODUCTION The following report documents the red -cockaded woodpecker (Picoides borealis) (RCW) nesting season foraging survey for Mystique (Project). The survey was conducted per the U.S. Fish and Wildlife Service (USFWS) guidelines in the Draft Standard Local Operating Procedures for Endangered Species (SLOPES) for the RCW (USFWS 2002). The Project site totals 30.70± acres and is located in Section 3, Township 50 South, Range 26 East, Collier County (Figure 1). More specifically, the Project is found on the south side of Davis Boulevard approximately 0.5 mile west of Collier Boulevard (C.R. 951) and 0.50 mile east of Radio Road. The I-75 and Collier Boulevard interchange (Exit 101) is located approximately one mile to the northeast. The Project area is composed of a combination of forested upland and wetland habitats dominated by slash pine (Pinus elliotiil). The surrounding land uses are a combination of undeveloped, forested land; residential developments; and roads. The Project is bordered to the north by Davis Boulevard and Saddlebrook Village Apartments; to the west and south by Cedar Hammock Golf and Country Club; and to the east by the Westport Commerce Center and the Davis Boulevard entrance to Wal-Mart, which lies to the southeast of the site. Passarella and Associates, Inc. (PAI) conducted a listed species survey on July 27, 2005. The results of that survey found two inactive RCW cavity trees on-site. This report outlines the RCW nesting season foraging survey conducted by PAI for 14 consecutive days from May 1, 2006 through May 14, 2006. The results of this survey found no RCW activity at the cavity trees or foraging activity on the parcel. BIOLOGY OF THE RED -COCKADED WOODPECKER The RCW lives and breeds within old growth pine forests. The RCW forages preferentially in stands of live pines with trees that average a diameter of ten inches or greater (USFWS 1985). Dense pine stands or stands primarily composed of hardwoods are avoided. RCWs feed primarily on insects including beetles, ants, grubs, and caterpillars. A smaller percent of the diet may consist of seasonal fruits, berries, and seeds. The RCW roosts and nests in cavities excavated in live pine trees. Cavity trees are typically at least 60 to 80 years old and usually weakened by a fungal infection known as red -heart disease (McFarlane 1992, Ehrlich et al. 1988). Cavities are typically constructed on the main trunk just below the lowest branches. Numerous resin wells are maintained around the cavity entrance. The resin wells may help defend against ground dwelling predators and insect damage. RCWs live in family groups composed of a mated pair, offspring of the year, and unmated male helpers. The group's cavity trees are aggregated in clusters that typically occupy an area of approximately ten acres (USFWS 1985). Groups are highly territorial and may defend an area nearly 200± acres in size (McFarlane 1992, Ehrlich et al. 1988, USFWS 1985). RCWs are cooperative breeders, and one or more non -breeding males may assist the breeding pair in brooding, feeding, and territorial defense. Egg lying typically occurs during April, May, and June (USFWS 1985). Clutch size is typically two to five eggs (Ehrlich et al. 1988, USFWS 1985). Both sexes are involved in incubating and feeding. The time from egg laying to fledging is approximately 40 days (USFWS 1985). METHODOLOGY The nesting season foraging survey was conducted for 14 consecutive days from May 1, 2006 through May 14, 2006. All surveys were conducted according to the USFWS Draft SLOPES for the RCW. Per the SLOPES, the time -of -day requirements for the nesting survey are one hour prior to sunrise and ending four hours past sunrise. Foraging surveys began around 5:45 a.m. (one hour before sunrise) and ended by 10:45 a.m. (four hours past sunrise). The RCW surveys were conducted by qualified ecologists traversing suitable habitats by foot to randomly located observation stations. Initially, at least two of the observation stations during each survey were positioned to watch for activity at the cavity trees on-site. Transects and the observation station locations were recorded on aerial photographs and wildlife observations were noted. Visual observations were aided by binoculars. Relative weather conditions were also recorded at the beginning and end of each survey period. RESULTS No RCWs were heard nor observed at the cavity trees or anywhere on-site during the May 1, 2006 through May 14, 2006 nesting season foraging survey. A pileated woodpecker (Dryocopus pileatus) was observed in cavity tree number two. No birds were observed utilizing cavity tree number one. Daily field observations for the nesting season survey are attached as Appendix A and an aerial map showing the survey transects and observation station numbers is provided as Appendix B. REFERENCES Ehrlich, Paul R. et al. 1988. The Birders Handbook; A Field Guide to the Natural History of North American Birds. Simon & Schuster, Inc., New York, New York. 785 pages. McFarlane, Robert W. 1992. A Stillness in the Pines; The Ecology of the Red -Cockaded Woodpecker. W.W. Norton & Company, New York, New York. 270 pages. U.S. Fish and Wildlife Service. 1985. Recovery Plan for the Red -Cockaded Woodpecker. U.S. Department of the Interior, Fish and Wildlife Service, Atlanta, Georgia. 88 pages. U.S. Fish and Wildlife Service. 2002. Standard Local Operating Procedures for Endangered Species, Red -Cockaded Woodpeckers. APPENDIX A RED -COCKADED WOODPECKER NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 1, 2006 Survey Transect: A Start time of survey: 0550 Weather conditions: Clear skies, calm wind, and temperatures in the low 60's. End time of survey: 1050 Weather conditions: Clear skies, light breeze, and temperatures in the low 70's. Observer: Jason Hunt Station Time Field Notes 1 0550 Heard chuck will's widows, great crested flycatchers, Northern cardinal, blue jays, common grackles, red -bellied woodpecker, Carolina wren, downy woodpecker, and fish crow. Heard and observed common nighthawk. No red -cockaded woodpeckers (RCW) heard or observed at cavity tree # 1. 2 0708 Heard great crested flycatcher, blue jays, and downy woodpecker. No RCWs heard or observed at cavity tree # 2. 3 0746 Heard downy woodpecker, Northern cardinal, great crested flycatcher, pileated woodpecker, and pine warbler. Observed red -bellied woodpecker, common grackle, and mourning dove. 4 0830 Heard Carolina wren, red -bellied woodpecker, and blue jay. Observed mourning dove, fish crow, pine warbler, and common grackles. 5 0945 Heard Northern cardinal, red -bellied woodpecker, mourning dove, great crested flycatcher, and Carolina wren. Heard and observed common grackles. Observed pileated woodpecker. 1050 End of survey. No RCWs heard or observed during the survey. Note: Observations are summarized for time period noted. Passarella and Associates, Inc. l of I 905WD11399 05/012006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 2, 2006 Survey Transect: N/A Start time of survey: 0550 Weather conditions: Clear skies, calm wind, and temperatures in the low 60's. End time of survey: 1010 Weather conditions: Clear skies, calm wind, and temperatures in the low 70's. Observer: Jason Hunt Station Time Field Notes Heard common nighthawk, chuck wills widow, great crested flycatcher, 1 0550 Carolina wrens, and pine warblers. Observed pileated woodpecker emerge from cavity tree # 2 at 0635. Heard great crested flycatchers, common grackles, blue jays, Northern 2 0640 cardinals, and red -bellied woodpeckers. No red -cockaded woodpeckers (RCW) heard or observed at cavity tree # 1. Heard great crested flycatcher, red -bellied woodpecker, and downy 3 0726 woodpecker. Heard and observed common grackles. Observed mourning doves. Observed red -bellied woodpecker and downy woodpecker. Heard blue 4 0805 jays, pine warblers, and mounting dove. Heard red -bellied woodpecker. Observed blue jay, Northern cardinal, 5 0855 pine warbler, and Carolina wren. Heard great crested flycatcher, pine warbler, and blue -gray gnatcatcher. 6 0935 Observed downy woodpecker. Heard Northern cardinal, pine warbler, and red -bellied woodpecker. 7 1010 Observed common grackles. End of survey No RCWs heard or observed during survey. Note: Observations are summarized for time period noted. Passarella and Associates, Inc. I of I 005WD11399 05/02/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 3, 2006 Survey Transect: N/A Start time of survey: 0550 Weather conditions: Clear skies, calm wind, and temperatures in the low 60's. End time of survey: 1050 Weather conditions: Clear skies, wind variable at 0-5 mph, and temperatures in the low 80's. Observer: Chris Emblidge Station Time Field Notes Heard chuck wills widow, common nighthawk, and great crested 1 0550 flycatcher. Observed common nighthawks near cavity tree # 1. Heard Northern mockingbirds. Heard and observed great crested flycatcher, and red -bellied woodpeckers foraging to the south on live 1 0650 pines. Observed European starlings. No red -cockaded woodpeckers (RCW) heard or observed at cavity tree # 1. Heard blue jays, downy woodpecker to the west, common nighthawk overhead and low flying helicopter. Heard and observed red -bellied 2 0755 woodpeckers foraging in live pines and great crested flycatcher. Observed European starlings, mourning doves, and pileated woodpecker fly to the north. Heard mourning doves, Northern cardinals, and great crested flycatcher. 3 0845 Observed red -bellied woodpeckers to the north, blue jays, and gray squirrels. Heard and observed red -bellied woodpeckers foraging on live pines. Heard great crested flycatcher, downy woodpecker, and pileated 4 0930 woodpecker. Observed flock of seagulls flying overhead and Northern harrier circling overhead. Heard blue jays and great crested flycatcher. Observed common 5 1015 grackles. Heard and observed mourning doves and downy woodpecker on melaleuca tree. 1050 End of survey. No RCWs heard or observed during survey. Note: Observations are summanzea mr time Penna Passarella and Associates, Inc. 1 of I 005WD11399 05/03/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 4, 2006 Survey Transect: N/A Start time of survey: 0550 Weather conditions: Clear skies, calm wind, and temperatures in the low 6O's. End time of survey: 1050 Weather conditions: Partly cloudy skies, calm wind, and temperatures in the mid 70's. Observer: Jason Hunt Note: Observations are summarized for time pend noted. Passarella and Associates, Inc. l of 1 HOSWD11399 05/04/2006 Field Notes ane chuck wills widow, common nighthawks, great crested er, and Northern cardinal. Observed mourning dove, fish crow, warbler. No red -cockaded woodpeckers (RCW) heard ord at cavity treeblue jay, red -bellied woodpecker, blue -gray gnatcatcher,Northernl, and pileated woodpecker. Observed ground dove. 3 0822 Heard Carolina wren, common grackles, blue jay, and great crested flycatcher. Observed red -bellied woodpecker. 4 0902 Heard Northern cardinal and pileated woodpecker. Heard and observed blue -gray gnatcatcher. Observed blue jays, fish crow and red -bellied woodpecker. 5 0945 Heard red -bellied woodpecker, red -shouldered hawk, and blue -gray gnatcatcher. Observed mourning dove. 6 1020 Heard blue -gray gnatcatcher, red -bellied woodpecker, great crested flycatcher, and blue jays. 1050 End of survey. No RCWs heard or observed during survey. Note: Observations are summarized for time pend noted. Passarella and Associates, Inc. l of 1 HOSWD11399 05/04/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 5, 2006 Survey Transect: N/A Start time of survey: 0600 Weather conditions: Clem skies with light fog, no wind, and temperatures in the mid 60's. End time of survey: 1050 Weather conditions: Few clouds, winds southwest 5-10 mph, and temperatures in the low 80's. Observer: Chris Emblidge Station Time Field Notes Heard common nighthawks, great crested flycatcher, and chuck wills I 0600 widow. No red -cockaded woodpeckers (RCW) heard or observed at cavity tree # 1. Heard and observed great crested flycatcher and downy woodpecker 0650 foraging on live pine. Observed mourning dove. Heard killdear, red - 1 bellied woodpecker, common grackles, and blue jays. No RCWs heard or observed at cavity tree # 1. Heard red -bellied woodpeckers, blue jays, and blue -gray gnatcatcher. 2 0740 Heard and observed great crested flycatchers, downy woodpeckers fly to the west, and common grackles. Heard and observed common grackles and great crested flycatcher. 3 0820 Heard fish crow, red -bellied woodpecker, Northern cardinal, and mourning dove. Heard and observed Northern cardinals, downy woodpeckers foraging on live pine, and Carolina wren. Heard red -bellied woodpeckers, 4 0915 pileated woodpeckers, great crested flycatchers, blue jays, and common nighthawks. Heard common grackles and great crested flycatcher. Heard and 5 1005 observed red -bellied woodpeckers foraging on live pine. 1050 End of survey. No RCWs heard or observed during survey. Note: Observations are summanzea for time periou noreu. Passarella and Associates, Inc. I of I #05WD11399 05/05/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 6, 2006 Survey Transect: N/A Start time of survey: 0600 Weather conditions: Patchy fog, no wind, and a temperature of 67T. End time of survey: 1050 Weather conditions: Mostly sunny skies, wind variable, and temperatures in the low 80's. Observer: Chris Emblidge ",Station Time FieldNotes Heard chuck wills widow, common nighthawk, and Northern 1 0600 mockingbird. Heard and observed mourning dove. Heard and observed red -bellied woodpecker foraging in live pines and mourning doves. Heard great crested flycatchers and Northern cardinal. 1 0650 No red -cockaded woodpeckers (RCW) heard or observed at cavity tree # 1. Heard blue jays, great crested flycatchers, Northern cardinal, downy 2 0740 woodpeckers, and common grackles. Heard and observed red -bellied woodpeckers foraging on live pines and pine snags. Heard Carolina wren, great crested flycatchers, and European starlings. Heard and observed blue jays, downy woodpeckers, and red -bellied 3 0830 woodpeckers foraging on live pines. Observed common grackles and gray squirrels. Heard Northern cardinal, mockingbirds, downy woodpeckers and pileated woodpeckers. Observed mourning doves. Heard and observed 4 0915 blue jays and red -bellied woodpeckers flying to pine snags and then to the south. Heard red -bellied woodpeckers and blue jays. Heard and observed 5 1005 downy woodpeckers foraging on melaleuca tree and great crested fly catcher. 1050 End of survey. No RCWs heard or observed during survey. Note: Observations are summartua ror ume penoo amen. Passarella and Associates, Inc. I of I 005WD11399 05/06/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 7, 2006 Survey Transect: N/A Start time of survey: 0600 Weather conditions: Light fog, no wind, and temperatures in the mid 60's. End time of survey: 1050 Weather conditions: Partly cloudy skies, wind southeast at 0-5 mph, and temperatures in the mid 80's. Observer: Chris Emblidge Station Time Field Notes 1 0600 mourning dove, common nighthawk, and great crested flycatcher. cockaded woodpeckers (RCW) heard or observed. 0650 great crested flycatcher, downy woodpeckers, red-bellied1 EHcard ckers, and Northem mockingbird. No RCWs heard or observed y tree # 1. 2 0740 Heard and observed red -bellied woodpeckers foraging on pine snag 50t feet to the west and blue jays. Observed common grackles. Heard Northern cardinal and blue -gray gnatcatcher. 3 0825 Heard and observed Carolina wren. Heard red -bellied woodpecker, downy woodpecker, Northern mockingbirds, blue jays and mourning doves. Observed common grackles. 4 0910 Heard Northern cardinal, mourning doves, downy woodpeckers, and pileated woodpecker. Heard and observed common grackles and blue jays. 5 1005 Heard great crested flycatcher, common grackles, and red -bellied woodpeckers. 1050 End of survey. No RCWs heard or observed during survey. Note: Observations are summarized for time perwa notea. Passarella and Associates, Inc. 1 of 1 905WD11399 05/07/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 8, 2006 Survey Transect: N/A Start time of survey: 0615 Weather conditions: Clear skies, no wind, and temperatures in the upper 60's. End time of survey: 1050 Weather conditions: Partly cloudy skies, wind south at 0-5 mph, and temperatures in the low 80's. Observer: Chris Emblidge Station Time Field Notes 1 0615 Heard mockingbird, and great crested flycatcher. Heard and obseJ�or mourning dove. No red -cockaded woodpeckers (RCW) heard observed at cavity tree # 1. 2 0715 Heard downy woodpecker, common grackles, and Northern cardinal. Heard and observed pileated woodpecker exit cavity tree # 2 and fly to the south. 3 0805 Heard great crested flycatcher, blue jays, and Carolina wren. Heard and observed red -bellied woodpeckers foraging on pine snag. Observed common grackles. 4 0850 Heard red -bellied woodpecker and pileated woodpecker. Heard and observed blue -gray gnatcatcher and Northern cardinals. 5 0930 Heard downy woodpeckers and Northern cardinals. Heard and observed red -bellied woodpeckers foraging in live pine 20f feet to the west. 6 1010 Heard Northern cardinal, red -bellied woodpeckers, downy woodpeckers, and blue -gray gnatcatcher. Heard and observed yellow ramped warbler, and common grackles. Observed great crested flycatcher perched on dead limb just above the cavity in cavity tree # 1; then perched on edge of cavity; flew to pine tree 20f feet to the east, then came back to limb above cavity; flew away to the north. 1050 End of survey. No RCWs heard or observed during survey. Note: Observations are summarized for note perwd noted. Passarella and Associates, Inc. I of I 405WD11399 05/08/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 9, 2006 Survey Transect: N/A Start time of survey: 0545 Weather conditions: Clear skies, calm wind, and temperatures in the high 60's. End time of survey: 1045 Weather conditions: Overcast skies, winds west at 0-5 mph, and temperatures in the high 70's. Observer: Chris Ryan ',,Station Time Field Notes Heard chuck wills widow to the north, great crested flycatcher to the northeast, Carolina wren to the south, and Northern cardinal to the I 0545 southeast. No red -cockaded woodpeckers (RCW) heard or observed at cavity tree # 1. Heard Northern cardinal to the north, great crested flycatcher to the 2 0800 south, pine warbler to the west, and downy woodpecker to the southwest. Heard and observed downy woodpecker to the south. Heard red -bellied 3 0830 woodpecker to the west, great crested flycatcher to the north, and pine warblers to the northwest. Heard No them cardinal and carolina wren to the north, boat -tailed 4 0901 grackle to the east, and red -bellied woodpecker to the north. Heard and observed common grackles fly from the north to the 5 0935 southeast. Heard blue jay to the north, red -bellied woodpecker to the northwest, and pine warbler to the east. Heard Carolina wren and Northern cardinal to the west, and downy 6 0957 woodpecker to the east. 7 1020 Heard Northern cardinal to the northwest. Heard pine warbler to the west and red -bellied woodpecker to the south. 8 1038 Heard and observed Northern cardinal to the south. 1045 End of survey. No RCWs heard or observed during survey. Note: Observations are summarized for time period noted. Passarella and Associates, Inc. I of I H05WD11399 05/092006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 10, 2006 Survey Transect: N/A Start time of survey: 0548 Weather conditions: Fog, calm winds, and temperatures in the upper 60's. End time of survey: 1048 Weather conditions: Clear skies, calm wind, and temperatures in the upper 70's. Observer: Jason Hunt Station - Time Field Notes 1 0548 Heard chuck wills widow, common nighthawk, great crested flycatcher, Northern cardinals, pine warblers, and boat -tailed grackles. No red - cockaded woodpeckers (RCW) heard or observed at cavity tree # 1. 2 0730 Heard pine warblers. Heard and observed downy woodpeckers, red - bellied woodpeckers, and Carolina wren. 3 0805 Heard blue jays, great crested flycatcher, common grackles, pine warblers, Northern cardinal, and red -bellied woodpecker. Observed Northern mockingbirds. 4 0840 Heard mourning doves, ground doves, carolina wren, and common grackles. Observed pileated woodpecker and red -bellied woodpecker. 5 0920 Heard Northern cardinal, fish crows, blue -gray gnatcatcher, and pine warbler. Observed Carolina wren. 6 1000 Heard red -bellied woodpecker, blue jay, blue -gray gnatcatcher, and Northern mockingbird. 7 1025 Heard Northern cardinal and Carolina wrens. 1048 End of survey. No RCWs heard or observed during survey. Note: Observations are summarized for time penoa nowu. Passarella and Associates, Inc. l of l 905WD11399 05/10/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 11, 2006 Survey Transect: N/A Start time of survey: 0548 Weather conditions: Fog, calm wind, and temperatures in the upper 60's. End time of survey: 1048 Weather conditions: Clear skies, calm wind, and temperatures in the upper 70's. Observer: Chris Emblidge Station Time Field Notes 1 0555 Heard common nighthawk and Northern mockingbird. 2 0645 Heard mourning dove, Northern mockingbird, common grackles, and red -bellied woodpeckers to the southeast. No red -cockaded woodpeckers (RCW) heard or observed at cavity tree # 1. 3 0730 Heard blue jays, Northern mockingbirds, pileated woodpecker, and Northern cardinal. Heard and observed red -bellied woodpecker foraging to the south. 4 0815 Heard blue jays, pileated woodpecker, and red -bellied woodpecker. Heard and observed downy woodpecker to the east and Northern cardinals. 5 0905 Heard and observed great crested flycatcher, red -bellied woodpecker foraging on pine snags, Carolina wren, and pileated woodpecker fly north. 6 0945 Heard and observed red -bellied woodpeckers to the east and downy woodpeckers foraging on melaleuca. Observed laughing gulls fly overhead. Heard pileated woodpeckers, pine warblers, and construction noise to the east. 1055 End of survey. No RCWs heard or observed during survey. Note: Observations memarized for time period noted. Passarele and Associates, Inc. 1 of 1 HOSWD11399 05/11/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 12, 2006 Survey Transect: N/A Start time of survey: 0545 Weather conditions: Variable winds from west-northwest at 0-5 mph and temperatures in the low 70's. End time of survey: 1045 Weather conditions: Clear skies, winds west-northwest at 0-5 mph, and temperatures in the low 80's. Observer: Chris Emblidge Note: Observations are summanzea ror time penua namu. Passarella and Associates, Inc. #05WD11399 05/12/2006 Field Notes ard chuck wills widow,Northern cardinal, and common nighthawk. ard chuck wills widow, Northern cardinal, and mourning dove. Heard d observed red -bellied woodpecker to the south. No red -cockaded oodpeckers (RCW) observed at cavity tree # 1. eard red -bellied woodpecker to the south and to the east and downyoodpecker 7Heard to the south. Heard and observed Carolina wren and boat- iled grackle.eard downy woodpecker to the east, red -bellied woodpecker to the uth, and Northern cardinal. Heard and observed great crested ycatcher and blue jays.eard and observed red -bellied woodpeckers foraging on live pines, reat crested flycatcher, and pileated woodpecker fly to the north. Heard woodpecker and blue jays. and observed downy woodpeckers foraging on melaleuca and 6 s. Heard great crested flycatcher, Northern cardinal, red -bellied ecker, and Carolina wren. EHeard and observed fish crow, red -bellied woodpeckers, and great 7 flycatcher. Heard downy woodpecker, Carolina wren, Northern l, and pine warblers. survey. No RCWs heard or observed during the survey. Note: Observations are summanzea ror time penua namu. Passarella and Associates, Inc. #05WD11399 05/12/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 13, 2006 Survey Transect: N/A Start time of survey: 0545 Weather conditions: Partly cloudy skies, calm wind, and temperatures in the low 60's. End time of survey: 1045 Weather conditions: Cloudy skies, calm wind, and temperatures in the mid 70's. Observer: Jason Hunt Note: Observations are summarized for time period noted. Passarella and Associates, Inc. l of 1 905WD11399 05/13/2006 Field Notes Heard chuck wills widow, common nighthawk, great crested flycatcher, Northern cardinals, blue -gray gnatcatcher, and pine warblers. Observed common grackles, fish crow, and blue jay. No red -cockaded woodpeckers (RCW) observed at cavity tree # 1. 7&ationime 545 2 0745 Heard and observed red -bellied woodpecker. Heard pine warbler, downy woodpecker, great crested flycatcher, Northern cardinal, and pileated woodpecker. 3 0830 Heard Northern cardinal, pine warbler, mourning dove, and Northern mockingbird. Observed downy woodpecker, red -bellied woodpecker, and common grackle. 4 0905 Heard downy woodpecker, Northern cardinal, and great crested flycatcher. Observed blue jay and Northern mockingbird. 5 0940 Heard red -bellied woodpecker. Observed red -shouldered hawk and great crested flycatcher. 6 1020 Heard blue jay, Northern cardinal, pine warbler, mourning dove, downy woodpecker, and red -bellied woodpecker. 1045 End of survey. No RC Ws heard or observed during the survey. Note: Observations are summarized for time period noted. Passarella and Associates, Inc. l of 1 905WD11399 05/13/2006 MYSTIQUE RED -COCKADED WOODPECKER NESTING SEASON SURVEY FIELD OBSERVATIONS Date: May 14, 2006 Survey Transect: N/A Start time of survey: 0545 Weather conditions: Partly cloudy skies, calm winds, and temperatures in the low 60's. End time of survey: 1045 Weather conditions: Cloudy skies, calm winds, and temperatures in the mid 70's. Observer: Jason Hunt .Station Time Field Notes 0545 t crested flycatcher, Heard chuck wills widow, Northern cardinal, :and ground dove, pine warbler, downy woodpecker, blue jay. Heard and1 observed red -bellied woodpecker, mourningove, and commonnighthawk. No red -cockaded woodpeckers (RC) observed at cavity tree # 1. 2 0755 Heard Northern cardinal, Northern mockingbird, downy woodpecker, pine warbler, common nighthawk, and red -bellied woodpecker. 3 0830 Heard and observed red -bellied woodpecker and Northern cardinal. Heard blue -gray gnatcatcher, downy woodpecker, blue jay, and pine warbler. 4 0905 Heard and observed Northern cardinal. Heard blue jays and Northern mockingbird. Observed mounting dove and blue -gray gnatcatcher. 5 1000 Heard great crested flycatcher, Northern cardinal, and blue jays. 1045 End of survey. No RCWs heard or observed during survey. Note: Observations are summarized for time period noted. Passarella and Associates, Inc. 1 of] N05WD11399 05/14/2006 APPENDIX B RED -COCKADED WOODPECKER NESTING SEASON FORAGING SURVEY MAPS WITH STATION NUMBERS rw� � �`.3 "" .��QO 4 ' �`Y �t!y`�� d,,�4 - �� .. �� 4�..gyp��'�1..'� y � �� y` ,ac .. �diiY'9SFin �i �G�Gai�. i."i t ^'t wlc r Mi''AURAPAR � « � �� ? » %%��« � �� >� �>\� . �?G � �� ® °T § : °- < � \ . . � �� \S . . �w,� e:«:«,�� «»w2� d«?«f�Q��« �. !'•" � Y t � `a ;. }. {300 s. d4\9 sd V. •:.�KS,''+4: Se. eve. kr� ,. V,y s °Y' r •,(xjF Y� .��• q ,_ Ntt trZ . asfC13... b %i'di Y✓WI j� s-' Y v� t � d:© MR \ EXHIBIT S RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY December 2005 Prepared For: Waterways Development, Inc. 15122 Summit Place Circle Naples, Florida 34119 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 (239) 274-0067 Project No. 05 WDI1399 TABLE OF CONTENTS Paee Introduction.................................................................................................................................1 Biology of the Red -Cockaded Woodpecker...............................................................................1 Methodology Results....................................................... References...................................................................................................................................5 LIST OF FIGURES Page Figure1. Project Location Map..........................................................................................2 LIST OF APPENDICES Page Appendix A. Red -Cockaded Woodpecker Non -Nesting Season Foraging Survey Field Observations............................................................................... A -t Appendix B. Red -Cockaded Woodpecker Non -Nesting Season Foraging Survey Maps with Station Numbers.............................................................. ............ .... B-1 iii INTRODUCTION The following report documents the red -cockaded woodpecker (Picoides borealis) (RCW) non - nesting season foraging survey for Mystique (Project). The survey was conducted per the U.S. Fish and Wildlife Service (USFWS) guidelines in the draft Standard Local Operating Procedures for Endangered Species (SLOPES) for the red -cockaded woodpecker (USFWS 2002). The Project site totals 30.70± acres and is located in Section 3, Township 50 South, Range 26 East, Collier County (Figure 1). More specifically, the Project is found on the south side of Davis Boulevard approximately 0.5 mile west of Collier Boulevard (C.R. 951) and 0.50 mile east of Radio Road. The I-75 and Collier Boulevard interchange (Exit 101) is located approximately 1 mile to the northeast. The Project area is composed of a combination of forested upland and wetland habitats dominated by slash pine. The surrounding land uses are a combination of undeveloped, forested land; residential developments; and roads. The Project is bordered to the north by Davis Boulevard and Saddlebrook Village Apartments; to the west and south by Cedar Hammock Golf and Country Club; and to the east by the Westport Commerce Center and the Davis Boulevard entrance to Wal-Mart, which lies to the southeast of the site. Passarella and Associates, Inc. (PAI) conducted a listed species survey (LSS) on July 27, 2005. the results of that survey found two inactive RCW cavity trees on-site. This report outlines the RCW non -nesting season foraging survey conducted by PAI for 14 consecutive days from December 1, 2005 through December 14, 2005. The results of this survey found no RCW activity at the cavity trees or foraging activity on the parcel. BIOLOGY OF THE RED -COCKADED WOODPECKER The RCW lives and breeds within old growth pine forests. The RCW forages preferentially in stands of live pines with trees that average a diameter of ten inches or greater (USFWS 1985). Dense pine stands or stands primarily composed of hardwoods are avoided. RCWs feed primarily on insects including beetles, ants, grubs, and caterpillars. A smaller percent of the diet may consist of seasonal fruits, berries, and seeds. The RCW roosts and nests in cavities excavated in live pine trees. Cavity trees are typically at least 60 to 80 years old and usually weakened by a fungal infection known as red -heart disease (McFarlane 1992, Ehrlich et al. 1988). Cavities are typically constructed on the main trunk just below the lowest branches. Numerous resin wells are maintained around the cavity entrance. The resin wells may help defend against ground dwelling predators and insect damage. RCWs live in family groups composed of a mated pair, offspring of the year, and unmated male helpers. The group's cavity trees are aggregated in clusters that typically occupy an area of about ten acres (USFWS 1985). Groups are highly territorial and may defend an area nearly 200± acres in size (McFarlane 1992, Ehrlich et al. 1988, USFWS 1985). RCWs are cooperative breeders and one or more non -breeding males may assist the breeding pair in brooding, feeding, (EXIT 101) SEC 3, TWP 50 S, g PASSARELLA and ASSOCIATES INC. FIGURE 1. PROJECT LOCATION MAP Consulting Ecologists g MYSTIQUE DRAWN BY: F.L. DATE: 7/27/05 and territorial defense. Egg lying typically occurs during April, May, and June (USFWS 1985). Clutch size is typically two to five eggs (Ehrlich et al. 1988, USFWS 1985). Both sexes are involved in incubating and feeding. The time from egg laying to fledging is approximately 40 days (USFWS 1985). METHODOLOGY The non -nesting season foraging survey was conducted for 14 consecutive days from December 1, 2005 through December 14, 2005. All surveys were conducted according to the USFWS draft SLOPES for the RCW. Per the SLOPES, the time -of -day requirements for the non -nesting survey are one hour after sunrise and ending four hours past sunrise or when local weather conditions are not favorable. Foraging surveys began around 8:00 a.m. (one hour after sunrise) and ended by 11:00 a.m. (four hours past sunrise). The RCW surveys were conducted by qualified ecologists traversing suitable habitats by foot to randomly located observation stations. At least two of the observation stations during each survey were positioned to watch for activity at the cavity trees on-site. Transects and the observation station locations were recorded on aerial photographs and wildlife observations were noted. Visual observations were aided by binoculars. Relative weather conditions were also recorded at the beginning and end of each survey period. RESULTS No RCWs were seen or heard at the cavity trees or anywhere else on-site during the December 1, 2005 through December 14, 2005 non -nesting season foraging survey. Daily field observations for the non -nesting season survey are attached as Appendix A and aerial map showing the survey transects and observation station numbers are provided as Appendix B. Ehrlich, Paul R. et aL. 1988. The Birder's Handbook; A Field Guide to the Natural History of North American Birds. Simon & Schuster, Inc., New York, New York. 785 pages. McFarlane, Robert W. 1992. A Stillness in the Pines; The Ecology of the Red -Cockaded Woodpecker. W.W. Norton & Company, New York, New York. 270 pages. U.S. Fish and Wildlife Service. 1985. Recovery Plan for the Red -Cockaded Woodpecker. U.S. Department of the Interior, Fish and Wildlife Service, Atlanta, Georgia. 88 pages. U.S. Fish and Wildlife Service. 2002. Standard Local Operating Procedures for Endangered Species, Red -Cockaded Woodpeckers. APPENDIX A RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 1, 2005 Survey Transect: Start time of survey: 0800 Weather conditions: Clear skies, clam winds, and temperatures in the mid 50's. End time of survey: 1100 Weather conditions: Clear skies, clam winds, and temperatures in the upper 60's. Observer: Jason Hunt Station Time Field Notes I 0800 Heard blue jay to the east, northern cardinal to the west, blue -gray gnatcatcher to the west, and red -bellied woodpecker to the west. No activity observed at cavity tree (1). 2 0830 Observed gray catbird, palm warblers to the east, and blue jays to the south. Heard red -bellied woodpecker to the north. No activity observed at cavity tree (2). 3 0900 Heard palm warbler to the north, gray catbird to the south, common grackles to the east, and downy woodpecker to the south. Observed northern mockingbird to the east. 4 0930 Observed blue jays to the west. Heard pine warblers to the north, and blue -gray gnatcatcher the south. 5 1000 Heard blue jay, pine warblers to the north, and common grackles to the east and west. Observed gray catbirds. 6 1030 Heard boat -tailed grackles and northern cardinal. Observed blue jay to the north. 1100 End of survey. Note: Observations are summarized for time period noted. PassamIla and Associates, Inc. I of 1 05WDII399 12/01/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 2, 2005 Survey Transect: Start time of survey: 0810 Weather conditions: Clear skies, calm winds, and temperatures in the 60's. End time of survey: 1110 Weather conditions: Clear skies, calm winds, and temperatures in the 60's. vwc.. Station Time Field Notes Heard and observed red -bellied woodpecker in pine to the south, blue jay in the pine to the south, and northern cardinal to the south east. 1 0810 Observed white ibis fly overhead to the northeast and red -bellied woodpecker foraging at the mouth of the cavity on cavity tree (1). Heard blue -gray gnatcatcher to the south. Heard red -bellied woodpecker to the northwest, gray catbird to the 2 0842 south, pine warblers in pines to the northeast, and blue jay to the northeast. No activity observed at cavity tree (2). Heard and observed pine warblers in pines and melaleuca to the north 3 0905 and gray catbird in palmetto to the south. Heard red -bellied woodpecker to the south, blue -gray gnatcatcher, and blue jay to the east. Heard and observed pine warblers in pines to the southwest. (Traffic 4 0927 noise prevalent). Heard and observed red -bellied woodpecker in pine to the north. Heard Carolina wren to the north, blue -gray gnatcatcher to the west, and pine 5 0943 warblers to the south. Observed downy woodpecker foraging in pines to the north. Heard and observed red -bellied woodpecker to the west and fish crows 6 1011 flying overhead to the north. Heard gray catbird to the east. 7 1032 Heard and observed pine warblers to the east. Heard and observed blue -gray gnatcatcher to the east. Heard pine 8 1051 warblers to the east. 1110 End of survey. Note: Observations are summarize° for time penoa notea. Passarella and Associates, Inc. 1 of 1 05WD11399 12/2/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 3, 2005 Survey Transect: Start time of survey: 0800 Weather conditions: Clear skies, no winds, and temperatures in the mid 50's. End time of survey: 1100 Weather conditions: Clear skies, 0-5 mph winds, and temperatures in the mid 60's. Observer: Chris Emblidge Station Time Field Notes I 0800 Heard red -shouldered hawk and blue -gray gnatcatcher. Observed blue - gray gnatcatcher. 2 0837 Heard northern cardinal and pine warblers. Observed pine warblers. 3 0915 Heard downy woodpeckers, pine warblers, and red -shouldered hawk. 4 0953 Heard blue jay, red -shouldered hawk, and downy woodpecker. 5 1020 Heard red -shouldered hawk, Carolina wren, European starling, and pine warblers. Observed turkey vultures, pine warblers, and European starlings. 1100 End of survey. Note: Observations are summarized for time penoa notes. Passarella mrd Associates, Inc. 05WD11399 12/3/05 I of MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 4, 2005 Survey Transect: Start time of survey: 0800 Weather conditions: Clear skies, calm winds, and temperatures in the mid 50's. End time of survey: 1100 Weather conditions: Clear skies, calm winds, and temperatures in the low 70's. Observer: Jason Hunt Station Time Field Notes 1 0800 Heard blue -gray gnatcatcher, ground doves to the north, and blue jay to the east. Observed red -bellied woodpecker to the west. No activity observed at cavity tree (1). 2 0830 Observed pileated woodpecker on cavity tree (2). Heard blue -gray gnatcatcher and pine warbler to the east. 3 0900 Observed mourning doves and Carolina wren to the west. Heard downy woodpecker to the north. 4 0930 Observed mourning doves, palm warblers, and common yellow throats to the south. Heard red -shouldered hawk to the north. 5 1000 Heard northern mockingbird to the north. Observed common grackles, blue jays, Carolina wren to the south, and palm warblers to the west. 6 1030 Heard mourning doves and common grackles to the south. 1100 End of survey. Note: Observations are summarized for time period noted. Passarella and Associates, Inc. 05 WD11399 12/4/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 5, 2005 Survey Transect: Start time of survey: 0800 Weather conditions: Clear skies, calm winds, and temperatures in the mid 70's. End time of survey: 1100 Weather conditions: Partly cloudy, breezy, and temperatures in the low 80's. Observer: Chris Ryan Station Time Field Notes Heard and observed gray catbird to the north, pine warblers to the south west, red -bellied woodpecker to the east, red -shouldered hawk to north 1 0800 east, and downy woodpecker to the west. Observed yellow -bellied sapsucker to the south. No activity observed at cavity tree (1). Heard and observed pine warbler to the north. Heard gray catbird to the 2 0830 east. Heard red -bellied woodpecker to the north. Observed two red - shouldered hawks fly to the east. No activity observed at cavity tree (2). Heard and observed hairy woodpecker in pine to the north and yellow - 3 0910 romped warblers to the south. Observed turkey vultures circling to the north. Heard and observed blue -gray gnatcatcher to the south, yellow-rumped 4 0947 warblers to the south, and red -bellied woodpecker. Heard downy woodpecker to the west. Heard and observed fish crows fly to the east and pileated woodpecker 5 1012 to the south west off the property. Observed turkey vulture circling overhead. 6 1026 Heard yellow -romped warbler to the south. Heard and observed yellow -romped warblers to the north, red -bellied 7 1039 woodpecker to the east, and pine warblers to the north. Heard blue -gray gnatcatcher to the west. Observed turkey vulture circling overhead. Observed turkey vulture circling to the north east. Heard and observed 8 1050 red -bellied woodpecker to the northwest. 1100 End of survey. Note: Observations are summarized for time period noted. Passarella and Associates, Inc. I of I 05 W D11399 12/5/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 6, 2005 Survey Transect: Start time of survey: 0800 Weather conditions: Clear skies, calm winds, and temperatures in the mid 70's. End time of survey: 1100 Weather conditions: Partly cloudy, breezy, and temperatures in the low 80's. Observer: Chris Emblidge Station Time Field Notes 1 0800 Heard common grackle, red -bellied woodpecker to the south, palm warbler, and gray catbirds. Observed gray catbird and palm warbler. No activity observed at cavity tree (1). 2 0837 Heard pine warbler, red -bellied woodpecker to the southwest, blue -gray gnatcatcher, and gray catbird. Observed blue -gray gnatcatcher, red - bellied woodpecker foraging on live pines, and gray catbird. No activity observed at cavity tree (1). Heard red -bellied woodpecker to the south, gray catbird, Carolina wren, 3 0910 blue jay, and gray squirrel. Observed red -bellied woodpeckers foraging on pines 50t feet to the east, gray squirrel, and Carolina wren. No activity observed at cavity tree (2). 4 0948 Heard red -bellied woodpecker, red -shouldered hawk, gray catbird, blue - gray gnatcatcher, and pine warblers. Observed red -shouldered hawk fly to the east, gray catbird, and red -bellied woodpecker foraging on live pines. 5 1030 Heard gray catbirds, red -shouldered hawk, red -bellied woodpecker, and common grackles. Observed common grackles. 1100 End of survey. Note: Observations are summarized for time pend noted. Passarella and Associates, Inc. 1 of 1 05WD11399 12/6/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 7, 2005 Survey Transect: Start time of survey: 0800 Weather conditions: Cloudy, calm winds, and temperatures in the mid 60's. End time of survey: 1100 Weather conditions: Partly cloudy, light breeze, and temperatures in the low 70's. Observer: Jason Hunt Station Time Field Notes 1 0800 Heard palm warbler and blue jays to the south. Observed gray catbird to the east. No activity observed at cavity tree (1). 2 0830 Heard red -bellied woodpecker to the south, pine warblers to the west, and gray catbird to the north. No activity observed at cavity tree (2). 3 0900 Observed downy woodpecker to the north and red -bellied woodpecker to the east. Heard gray catbird to the west. 4 0930 Heard blue -gray gnatcatcher to the south and east, pine warbler to the west, and northern mockingbird to the south. 5 1000 Heard blue -gray gnatcatcher to the west and ground doves to the west. Observed common yellow throat to the south and blue jay to the east. 6 1030 Heard blue -gray gnatcatcher to the west, northern cardinal to the north, and red -shouldered hawk to the south. Observed red -bellied woodpecker to the east. 1100 End of survey. Note: Observations are summanzea for time period domed. Passarella and Associates, Inc. 05WD11399 12/7105 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 8, 2005 Survey Transect: Start time of survey: 0800 Weather conditions: Partly cloudy, little to no winds, and temperatures in the mid 70's. End time of survey: 1100 Weather conditions: Mostly sunny, light breeze, and temperatures in the high 70's. Observer: Chris Ryan Station Time Field Notes Heard red -bellied woodpecker to the west, pine warbler to the east, and Carolina wren to the southeast. Heard and observed flock of laughing 1 0800 gulls fly overhead to the southwest. No activity observed at cavity tree (1). Heard fish crow to the east, pine warblers to the north, and gray catbird 2 0827 to the east. Observed laughing gulls fly overhead to the east. No activity observed at cavity tree (2). Heard gray catbird to the northeast, pine warbler to the east, red -bellied 3 0842 woodpecker to the east, blue jay to the northeast, and Carolina wren to the north. Heard pine warbler to the south. Observed laughing gulls fly overhead 4 0900 to the east. Heard and observed blue -gray gnatcatcher foraging in melaleuca tree to 5 0922 the north and gray catbird in Brazilian pepper to the northwest. Heard red -bellied woodpecker to the northeast, gray catbird to the 6 0944 northwest, and pine warbler to the east. Observed turkey vulture circling to the northwest. Heard gray catbird to the west. Heard and observed pine warbler to the 7 1001 east and blue -gray gnatcatcher to the east. Observed turkey vulture circling to the east. Heard pine warblers to the north. Observed turkey vulture circling to 8 1025 the northwest. Heard and observed flock of American crows fly to the east. 9 1046 Heard pine warbler to the west and Carolina wren to the west. Note: Traffic and/or construction noise obvious at each observation point. Now: Observations are summarized tor time penod notea. Passarella and Associates, Inc. I of 1 05 W D11399 12/8/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 9, 2005 Survey Transect: N/A Start time of survey: 0800 Weather conditions: Clear skies, calm winds, and temperatures in the upper 60's. End time of survey: 1100 Weather conditions: Clear skies, calm winds, and temperatures in the upper 70's. Observer: Jason Hunt Station Time Field Notes I 0800 Heard gray catbirds, red -bellied woodpeckers in new cavity tree (1), northern cardinal to the north, and blue -gray gnatcatcher to the east. 2 0830 Heard blue -gray gnatcatcher to the east and south. Observed northern cardinal and ground doves to the west. No activity observed at cavity tree (2). 3 0900 Heard blue jays to the south, downy woodpeckers to the west, and fish crows fly north. Observed gray catbirds, yellow-rumped warbler to the east, and northern mockingbird to the west. 4 0930 Heard blue -gray gnatcatcher, northern mockingbird to the south. 5 1000 Observed downy woodpecker and red -bellied woodpecker to the east. Heard ground doves, blue jays, pine warblers to the south, Carolina wren, common grackles, and fish crows to the north. 6 1030 Heard red -bellied woodpecker to the east, northern cardinal to the north and west, and gray catbird to the south. 1100 End of survey. Note: Observations are summarizea for time penoa amen. Passarella and Associates, Inc. l of] 05 W DI1399 12/9/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 10, 2005 Survey Transect: Start time of survey: 0800 Weather conditions: Temperatures in the high 60's, winds 0-5 mph east, overcast, and foggy. End time of survey: 1100 Weather conditions: Temperatures in the low 70's, clam winds, and overcast. Observer: Debbie Tyson Station Time Field Notes Heard and observed red -bellied woodpecker foraging in pine to the east. 1 0800 Observed boat -tailed grackle fly overhead from east to west. No activity observed at cavity tree (1). Heard blue -gray gnatcatcher, pileated woodpecker call from the southeast off property, and gray catbird to the south. Observed two 2 0830 downy woodpeckers foraging in pines to the north. No activity observed at cavity tree (2). Heard gray catbird to the north. Heard and observed red -bellied 3 0900 woodpecker to the east. Heard American crow to the northwest (off property). Observed blue - 4 0930 gray gnatcatcher to the east and red -bellied woodpecker foraging in pine the south. woodpecker call to the west (off property) and gray e east. g61030 4Heard atbird to the north. Heard and observed northern cardinal y. Summary: No red -cockaded woodpeckers were heard or observed during this survey. Note: Observations are summarized for ume perruu uowu. Passarella and Associates, Inc. 1 of I 05WD11399 12/10/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 11, 2005 Survey Transect: N/A Start time of survey: 0745 Weather conditions: Light fog, cloudy, no wind, and temperatures in the high 60's. End time of survey: 1050 Weather conditions: Clear skies, no wind, and temperatures in the low to mid 70's. Observer: Mike Myers Station Time Field Notes 1 0745 Watched cavity tree (2) for activity, but none observed. Heard fish crow to the north. 2 0820 Watched cavity tree (1) for activity, but none observed. Heard red - bellied woodpecker to the west. 3 0845 Heard fish crow to the west. 4 0905 Observed great egret fly overhead to the northeast and flock of seagulls fly to the southwest. 5 0925 Heard a red -bellied woodpecker to the west and to the north. Observed a seagull fly high overhead to the north. 6 0945 Observed a seagull fly high overhead to the west. 7 1015 Heard a lot of background traffic noise from Davis Boulevard and red - bellied woodpecker to the west. Observed a turkey vulture soar overhead to the east. 8 1035 Observed a turkey vulture soar to the east. Heard fish crows to the north. 1050 Bad of survey. Note: Observations are summarized for time period noted. Passarella and Associates, Inc. 1 of 1 05WD11399 12/11/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 12, 2005 Survey Transect: Start time of survey: 0810 Weather conditions: Clear, breezy, and temperature in the mid 50's. End time of survey: 1100 Weather conditions: Clear skies, breezy, and temperatures in the low 70's. Observer: Chris Ryan Station Time Field Notes Heard red -bellied woodpecker to the west, pine warblers to the I 0810 southwest, and gray catbird to the south. No activity observed at cavity tree (I). Heard and observed gray catbird to the northeast. Heard pine warblers 2 0830 to the south, red -bellied woodpecker to the north, fish crow to the south, and helicopter overhead. No activity observed at cavity tree (2). Heard blue -gray gnatcatcher to the east. Heard and observation pine 3 0850 warblers to the east. Observed three wood storks to the west of the property flying to the south and turkey vultures circling to the east. Heard pine warblers to the west and blue -gray gnatcatcher to the south. 4 0905 Heard and observed red -bellied woodpeckers to the southwest and phoebe to the west of the property. Heard fish crow to the southwest, pine warblers to the north, blue -gray gnatcatcher to the southeast and king fisher to the south. Note: 5 0924 Observed Big Cypress fox squirrel 50t feet to the northeast (foraging and grooming in pine trees. Heard pine warbler to the west, gray catbird to the east, and pileated 6 0950 woodpecker to the south. Heard and observed American robin to the south. Heard pine warblers to the east, red -bellied woodpecker to the north, 7 1015 and traffic noise obvious. Traffic noise prevalent. Heard blue -gray gnatcatcher to the southeast 8 1030 and pine warbler to the east. Observe vulture circling to the east. Heard pine warblers to the northeast, blue -gray gnatcatcher to the east, 9 1045 and pileated woodpecker to the east. Heard and observed small flock of American robins fly overhead to the northeast and perch in pine. Note: Observations are summarized for time period noted. Passarella and Associates, Inc. I of I 05WD[1399 12/12/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 13, 2005 Survey Transect: Start time of survey: 0750 Weather conditions: Clear skies, cool, no wind, and temperatures in the upper 50's. End time of survey: 1100 Weather conditions: Clear skies, no wind, and temperatures in the upper 60's. Observer: Mike Myers Station Time Field Notes 1 0750 Observed cavity tree (1) for activity. No activity observed. Heard red - bellied woodpecker to the north, and blue jay to the west. Observed sea gull fly overhead to the northeast and two gray catbirds perched in cabbage palm near cavity flying north. 2 0825 Observed cavity tree (2) for activity. No activity observed. Heard blue jays to the east. Observed yellow-rumped warbler fly to the west and common grackle fly to the north. 3 0850 Observed and heard four fish crows fly overhead to the northeast. 4 0915 Observed a wave of pine and yellow-rumped warblers foraging in the trees as they generally moved to the north. Heard and observed a northern flicker fly to the east. 5 0940 Observed and heard 12t fish crows fly to the northeast. Heard a blue jay to the north. 6 1015 Observed turkey and black vultures soaring to the northeast high overhead. 7 1040 Observed turkey vulture flying to the south. 1100 End of survey. Note: Observations are summanzea for time penoa nmea. Passarella and Associates, Inc. I of I 05WDI1399 12/13/05 MYSTIQUE RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY FIELD OBSERVATIONS Date: December 14, 2005 Survey Transect: Start time of survey: 0800 Weather conditions: Clear skies, 0-5 mph wind, and temperatures in the low 60's. End time of survey: 1100 Weather conditions: Clear skies, calm winds, and temperatures in the mid 70's. nr.........o... !`F..:c R.ron ' Station v Time y Field Notes Heard pine warblers to the north and killdeer to the west. No activity t 0800 observed at cavity tree (1). Heard and observed pine warblers to the northwest and small flock of fish crows fly overhead to the northwest. Heard red -bellied woodpecker 2 0823 to the west, killdeer to the northwest, and gray catbirds to the southeast. Observed great egret to the east flying to the north. No activity observed at cavity tree (2). Heard and observed red -bellied woodpecker to the east off property. 3 0850 Heard pine warblers to the north. Heard and observed downy woodpecker foraging in pine to the 4 0905 southwest. Heard red -bellied woodpecker to the west, gray catbird to the northeast, and pine warblers in the surrounding pines. Heard pine warblers to the east. Heard and observed downy 5 0923 woodpecker foraging in melaleuca trees to the east. Heard and observed blue -gray gnatcatcher to the east. Heard pine Warblers in pines to the north. Observed flock of laughing gulls to the 6 0937 northeast circling and turkey vulture circling to the northeast. Observed a Big Cypress fox squirrel to the east. Heard and observed red -bellied woodpecker foraging and calling in 7 0952 pines to the northeast. Heard fish crow to the west. Observed turkey vulture fly overhead to the east. Heard pine warbler to the west and American crows to the southeast. 8 1005 Heard and ohst�ry�-,d kinefisher fly omb?,ad to the southwest, Heard and observed yellow-rumped warblers foraging in melaleuca trees to the South. M1020 Heard blue -gray gnatcatcher to the east and downy woodpecker to the 1045 southeast, e ult circlina Qverbead. Note: Observations are summarrzeu for time period noted. Passarella and Associates, I 05WDI1399 12/14/05 APPENDIX B RED -COCKADED WOODPECKER NON -NESTING SEASON FORAGING SURVEY MAPS WITH STATION NUMBERS e "'del 9s,�!/sF do{r.N. R- _ _ •_ p^ r- s t e`. ' a � APPROXIMATE 9! P/L O ry 2 r Ty�yyf` r� G n; l.ye i� CAVIIY'IRIE:L L f Y ©•-'CAVITY ❑tlil.I- ata Y•^` - yA • i 77 All 1, F s, y . .q�`r� APPROXIMATE P/t.i Y. h 1"'i 3YY Pe K fJy lq�. �L�c Y� � 140111'lltll '� y� f"�i �'✓R �,yY�Y P . y I' ;♦ > © '�GIYIIY IIiP.P. �yV k 3 PHOTOGRAPHS�!�7N AERIAL > 3FROM COLLIER COUNTY PROPERTY -"a DATE OF JANUARY 2004. -COCKA LOCATIONS OF RED ��' _ r ON U s„n�e r=Pay � I APPROXIMATE �' P v w.I , r n yy '�cnvi rYniee , 1 r �AER AL PHOTOGRAPHS WERE OBTAINED FRO"M THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF JANUARY 2004. � '�iJ '• d"'�H ^'" l ' y - } J — _ DAMS-BLV4 r, 6 3d .y Q a Ri M' Lj f� a 1 q • , /APPBOXIMA`a I ]I T �1 \ J}.:. Naz w A / Y aJ� a '� ' � •. �N 4 F.1.. • 1 I: . 1 •� yA'f 1 1� 14 I 1 • 1 • 1 / � A�".a vYl'M'� yr Aijf,� • . •. • [ 1 1 .. 1 1 . 1 • •' . . EXHIBIT T BIG CYPRESS FOX SQUIRREL HABITAT MANAGEMENT PLAN MYSTIQUE BIG CYPRESS FOX SQUIRREL HABITAT MANAGEMENT PLAN July 2006 Revised June 2007 Revised February 2008 INTRODUCTION This habitat management plan has been prepared in accordance to Section 10.02.02(g)iv of the Collier County Land Development Code and for the purpose of addressing the potential presence of the Big Cypress fox squirrel (BCFS) (Sciurus niger avicennia) on Mystique (Project). The BCFS is listed as threatened by the Florida Fish and Wildlife Conservation Commission (FWCC). It is not a federal listed species. The 16.80± acre Project site is located in Section 3, Township 50 South, Range 26 East, Collier County (Figure 1). The site is located near the southwest corner of Davis Boulevard and Market Street, approximately one half mile west of the County Road 951. The site abuts Davis Boulevard to the north; the Westport Commerce Center and Market Street to the east; and Cedar Hammock to the south and west. BIOLOGY OF THE BIG CYPRESS FOX SQUIRREL The BCFS lives and breeds in varied habitats in Southwest Florida including cypress swamps, pine flatwoods, tropical hardwood forests, live oak woods, mangrove forests, and suburban habitats, including golf courses, city parks, and residential areas in native vegetation (Humphrey 1992). Dense cypress/hardwood swamps are avoided. This may be due to the competition for food and habitat with gray squirrel (Sciurus carolinensis). Little data is available on the preferred forage habitat of the BCFS. BCFS' apparently prefer to feed on the male and female cones of slash pine (Pinus elliottit). A smaller percent of the diet may consist of seasonal fruits, berries, and seeds (Humphrey 1992). BCFS' often form platform nests in pines and hardwoods and moss and stick nests in cypress (Taxodium distichum), tops of cabbage palms (Sabal palmetto), and large clumps of bromeliads (Guzmania monostachia). Cabbage palms and bromeliads are especially important because they can provide immediate shelter, which allows the squirrel to range over large areas without requiring a daily return to a permanent nesting facility (Humphrey 1992). BCFS' are solitary animals. Interaction between animals occurs primarily during mating season. Mating chases occur frequently throughout the months of May through August. During the non - mating season, interactions are infrequent and often occur around food sources (Humphrey 1992). T-1 WETLAND AND UPLAND PRESERVATION No preserve areas for the Project are proposed. The Project's southern 13.00± acres, which includes the Project's previously proposed preserve area, has been allocated for use by Collier County as a future pond site in association with the expansion of Davis Boulevard. These areas are no longer within the Project Limits. A Developer's Agreement between Waterways Joint Venture VII and Collier County has been created to allow the construction of the Project without a native vegetation preserve requirement. Please refer to Exhibit B of the Project's Environmental Impact Statement document. The following habitat types are located within the Project limits, which may be used as potential habitat for the BCFS. Pine Flatwoods Disturbed (25-49% Exotics) (FLUCFCS Code 4119 E2) The canopy includes slash pine, ear -leaf acacia (Acacia auriculiformis), cabbage palm, and scattered melaleuca (Melaleuca quinquenervia). The sub -canopy is similar to that of the canopy and also includes wax myrtle (Myrica cerifera) and Brazilian pepper (Schinus lerebinthifolius). The ground cover is dominated by saw palmetto (Serena repens), spermacoce (Spermacoce sp.), caesarweed (Urena lobotta), and grapevine (Vitis rotundifolia). Pine Disturbed (0-24% Exotics) (FLUCFCS Code 4159 EI) The canopy includes slash pine, ear -leaf acacia, and melaleuca. The sub -canopy is mostly melaleuca with scattered Brazilian pepper. The ground cover includes spermacoce, chalky blue stem (Andropogon virginicus), lovegrass (Eragrostis elliottii), chocolate weed (Melochia corchorifolia), fox tail (Setaria pa"i lora), and caesarweed. Pine Hydric Disturbed (25-49% Exotics) (FLUCFCS Code 6259 E2) The canopy is dominated by slash pine and includes cypress, cabbage palm, and melaleuca. The sub -canopy vegetation is evenly composed of slash pine, cabbage palm, Brazilian pepper, and melaleuca. The dominant ground cover includes sawgrass (Cladium jamaicense) and swamp fern (Blechnum serrulatum). Occasional species include pickerelweed (Pontedaria cordata), inundated beaksedge (Rhynchospora inundala), flatsedge (Cyperus haspan), and climbing hempvine (Mikania scandens). PRE -CONSTRUCTION SURVEYS A qualified consultant will be on-site to supervise BCFS management and monitoring activities as detailed in this plan. The proposed site plan for the Project is multi -family residential and associated utilities, roads, and amenities. Prior to commencement of construction and mitigation activities, the construction limits will be staked in the field and clearly identified with orange landscape fencing or equivalent barrier. The fencing will be inspected by SFWMD staff prior to clearing activities. Also prior to commencement of clearing activities, a survey will be conducted in areas to be cleared to identify potential BCFS nests. If potential nests are identified within the clearing limits, observations will be conducted to determine if the nests are being utilized by BCFS'. No clearing will be conducted within 125± feet of an active BCFS nest tree. Atter completion of nesting and observations document that juvenile squirrels have left the nest, a T-2 written request to remove the nest shall be made to the FWCC. After receipt of authorization from the FWCC, the nest tree and buffer can then be cleared. POST -CONSTRUCTION MONITORING No post -construction monitoring for BCFS' is proposed as no preserve area for the Project is required. T-3 REFERENCES Humphrey, Stephen R. et al. 1992. Rare and Endangered Biota of Florida; Volume I. Mammals. University Press of Florida, Gainesville, FL. 392 pages. Im COLLIER COUNTY FIGURE 1. PROJECT LOCATION MAP MYSTIQUE rvoo s PROJECT LOCATION SEC 3, TWP 50 S, ROE 26 E PASSARELLA & f�SSOCIATES X EXHIBIT U CORRESPONDENCE FROM THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES d r ie"' 'Mcsa �' FLORIDA DEPARTMENT OF STATE Sue M. Cobb Secretary of State DIVISION OF HISTORICAL RESOURCES Mr. Jason Hunt Passwella and Associates, Inc. 9110 College Pointe Ct. Ft. Myers, FL 33919 Re: DHR No. 2006-1810 / Received by DHR: March 3, 2006 Project: Waterways -Davis; P&A Project No. 05WDI1399 Collier County Dear Mr. Hurt: RECEIVED MAR 13 2006 PASSARELLAAND ASSOCIATES, March 8, 2006 �G Our office received and reviewed the referenced project with the expectation that Passarella and Associates, Inc. will be engaging in the permitting processes that will require this office to comment on possible adverse impacts to cultural resources listed or eligible for listing in the National Register of Historic Places (NRHP), or otherwise of historical, architectural, or archaeological significance. We recommend at the time such actions are taken, a copy of this letter be forwarded to the permitting agency(ies) with the application. This may eliminate the permitting agency(ies) from having to submit an application to the Division of Historical Resources for review or, if applications are forwarded to the Division with this letter, it would facilitate am review. Our review of the Florida Master Site File indicates that some archaeological sites are located north of the project area. Although the proposed project will not likely affect any significant archaeological sites or historic structures, it is the opinion of this agency that there is some potential for low-density archaeological sites to occur in the project area. Therefore, it is the recommendation of this agency that, in addition to the standard permitting condition, this permit, if issued, include the following special condition regarding unexpected discoveries during ground disturbing activities on the property: If prehistoric or historic artifacts, such as pottery or commits, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. 500 S. Bronough Street • Tallahassee, FL 32399-0250 • http://www.flheritage.com O Director's Office O Archaeological Research ®Hhtorie Preservation O Historical Museums (850) 245-6.300 • FAX: 245-6935 (850) 2456444 • FAX: 2956952 (850) 2456.333 • FAX: 215-6437 (850) 7A55400 • FAX: 2956433 O Palm Beach Regional Office O St. Augmaine Regional Office ❑ Tampa Fell.[ Office (561) 2194475 • FAX: 279-1476 (9119) 8255045 • FAX: 8255044 (813) 2723843 • FAX: 272-2340 Mr. Hunt March 8, 2006 Page 2 if there are any questions concerning our comments or recommendations, please contact Kim Fairall, Historic Preservationist, by phone at (850)245-6333, or by electronic mail at ksfairallOdos.state.tl.us. We appreciate your continued interest in protecting Florida's historic properties. Sincerely, Iz..fit t> G'..Sl - Frederick P. Gaske, Director, and State Historic Preservation Officer VINCENT ACRES COLLIER COUNTY ENVIRONMENTAL DATA REPORT November 2015 Revised January 2016 Prepared For: Habitat for Humanity of Collier County 11145 Tamiami Trail East Naples, Florida 34113 (239) 775-0036 Prepared By: Passarella & Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 Project No. 05WDI1399 TABLE OF CONTENTS Page Introduction.................................................................................................................................... I Environmental Data Authors.........................................................................................................1 VegetationDescriptions.................................................................................................................2 ListedSpecies Survey....................................................................................................................4 Native Vegetation Preservation.....................................................................................................4 References......................................................................................................................................6 1 LIST OF TABLES Page Table 1. Native and Non -Native Habitat Types and Acreages............................................4 LIST OF EXHIBITS Page Exhibit 1. Project Location Map.........................................................................................El-1 Exhibit 2. Environmental Data Submittal Preparer's Resume ........................................... E2-1 Exhibit 3. Aerial with FLUCFCS and Wetlands Map........................................................E3-1 Exhibit 4. Listed Species Survey........................................................................................ E4-1 Exhibit 5. Developer's Agreement..................................................................................... E5-1 Exhibit 6. Aerial with Site Plan and Adjacent Off -Site Conservation Areas .....................E6-1 Exhibit 7. Wetland Impact Map..........................................................................................E7-1 iii INTRODUCTION The following environmental data (ED) report is provided in support of the Residential Planned Unit Development (RPUD) for Vincent Acres (Project). The following information is being provided in accordance with the Collier County ED submittal requirements outlined in Chapter 3.08.00(A) of the Collier County Land Development Code (LDC). The Project totals 16.80± acres and is located in Section 3, Township 50 South, Range 26 East, Collier County (Exhibit 1). More specifically, the Project is located at the southwest corner of the intersection of Davis Boulevard (State Road (SR) 84) and Market Street. The site is approximately 0.5 mile west of Collier Boulevard (County Road 951) and 0.5 mile east of Radio Road. The Interstate 75 and Collier Boulevard interchange (Exit 101) is also located approximately 1.0 mile to the northeast. The Project is bordered to the north by Davis Boulevard (SR 84) and Saddlebrook Village Apartments; to the east by Market Street and Westport Commerce Center; to the south by Collier County lands; and to the west by Cedar Hammock Golf and Country Club. Please note that the 13.00± acre Collier County lands located to the south were purchased, in part, for a stormwater pond for the road widening improvements for Davis Boulevard. The Project site is comprised mainly of forested upland and wetland habitats dominated by slash pine (Pinus elliottii) with areas that have been disturbed by the invasion of high levels of exotic vegetation, mainly melaleuca (Melaleuca quinquenervia). Hydrological disturbance has also occurred on-site due to historically severed sheet flow that has resulted from the construction of surrounding development and roads. The following ED includes details regarding the authors of this report, vegetation descriptions for the various habitats on-site, results of the listed species survey conducted by Passarella & Associates, Inc. (PAI) in September 2014, and the Project's minimum native vegetation preservation requirement. ENVIRONMENTAL DATA AUTHORS This ED report was prepared by Michael Myers with assistance from Katherine Nelson. Mr. Myers satisfies the environmental credential and experience requirements for preparing the ED, per Section 3.08.00(A)2 of the Collier County LDC. Their respective resumes are attached as Exhibit 2. Mr. Myers is a Senior Ecologist with PAI and has over 23 years of experience in the environmental consulting industry. He holds a Bachelors of Science degree from Michigan State University in Wildlife Biology and Management. Ms. Nelson is an Ecologist with PAI and has 1 year of experience in the environmental consulting industry. She holds a Bachelor's of Arts degree from Florida Gulf Coast University in Environmental Studies. 1 VEGETATION DESCRIPTIONS The Project's existing land uses include a combination of undeveloped, disturbed land and forested uplands and wetlands with varying degrees of exotic infestation. The vegetation associations for the property were initially delineated using 2002 Collier County rectified, color aerials (Scale: V = 200') and groundtruthing conducted in July 2006. This information was later updated using December 2013 Collier County rectified, color aerials (Scale: 1" = 200") and groundtruthing conducted in September 2014. These delineations, in 2006 and 2014, were classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and IV (Florida Department of Transportation 1999). Level IV FLUCFCS was utilized to denote disturbance and "E" codes were used to identify levels of exotic species invasion (i.e., melaleuca, earleaf acacia (Acacia auriculiformis), and Brazilian pepper (Schinus terebinthifolius)). AutoCAD Map 3D 2015 software was used to determine the acreage of each mapped polygon, produce summaries, and generate the final FLUCFCS map (Exhibit 3). A total of eight vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the property. The dominant habitat type on the property is Pine, Hydric, Disturbed (25-49% Exotics) (FLUCFCS Code 6259 E2) accounting for 46.8 percent of the property (7.87± acres). Exotic vegetation documented on-site includes, but is not limited to, Brazilian pepper, melaleuca, and earleaf acacia. The degree of exotic infestation ranges from 0 to 100 percent cover. The Project site contains 12.72± acres of South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (COE) jurisdictional wetlands and 0.07± acre of SFWMD "other surface waters" (OSW) (Exhibit 3). The wetland limits were approved by the SFWMD and the COE on January 26, 2007 and May 28, 2015, respectively. The on-site wetlands have been subject to significant disturbance due to an altered hydrological regime and habitats have become heavily invaded with large amounts of exotic vegetation. The resulting acreage and a description for each FLUCFCS classification are outlined below. Pine Flatwoods, Disturbed (25-49% Exotics) FLUCFCS Code 4119_E2 This upland habitat occupies 1.08± acres or 6.4 percent of the property. The canopy is dominated by slash pine with cabbage palm (Sabal palmetto), melaleuca, and earleaf acacia. The sub - canopy is similar to that of the canopy, except wax max myrtle (Myrica cerifera) and Brazilian pepper are also common. The ground cover is dominated by saw palmetto (Serenoa repens), spermacoce (Spermacoce sp.), caesarweed (Urena lobatta), and grapevine (Vitis rotundifolia). Pine, Disturbed (0-24% Exotics) FLUCFCS Code 4159 E1) This upland habitat occupies 2.23± acres or 13.3 percent of the property. The canopy is dominated by slash pine with scattered earleaf acacia and melaleuca. The sub -canopy is dominated by melaleuca along with occasional Brazilian pepper. The ground cover includes spermacoce, chalky blue stem (Andropogon virginicus), lovegrass (Eragrostis elliottii), chocolateweed (Melochia corchorifolia), knotroot foxtail (Setaria parvifora), and caesarweed. Melaleuca, HydricFLUCFCS Code 4241) This low quality wetland habitat occupies 1.34± acres or 8.0 percent of the property. The canopy and sub -canopy vegetation are dominated by melaleuca with scattered slash pine and cypress (Taxodium distichum). Ground cover vegetation is sparse, but includes scattered swamp fern (Blechnum serrulatum), sawgrass (Cladium jamaicense), yellow -eyed grass (Xyris floridana), and hydrocotyle (Hydrocotyle umbellata). Pine, Hydric, Disturbed (25-49% Exotics) FLUCFCS Code 6259 E2) This disturbed wetland habitat occupies 7.87± acres or 46.8 percent of the property. The canopy is dominated by slash pine with cypress, cabbage palm, and melaleuca. The sub -canopy is dominated by slash pine, cabbage palm, Brazilian pepper, and melaleuca. The ground cover includes sawgrass, swamp fern, pickerelweed (Pontedaria cordata), inundated beaksedge (Rhynchospora inundata), flatsedge (Cyperus haspan), and climbing hempvine (Mikania scandens). Pine, Hydric, Disturbed (76-100%)(FLUCFCS Code 6259 E4) This wetland habitat occupies 2.96± acres or 17.6 percent of the property and has the same vegetation as FLUCFCS Code 6259 E2 except with a higher percent coverage of melaleuca in the canopy and Brazilian pepper in the sub -canopy. Disturbed Land (FLUCFCS Code 740) This upland land use is located along the east boundary line and occupies 0.32± acre or 1.9 percent of the property. The canopy and sub -canopy are open. The ground cover included sawgrass, spermacoce, buttonweed (Diodia virginiana), bushy bluestem (Andropogon glomeratus), cogongrass (Imperata cylindrica), and muscadine grape (Vitis rotundifolia) with scattered wax myrtle, Bay Biscayne wedelia (Wedelia trilobata), knotroot foxtail, beggar -ticks (Bidens alba var. radiata), finger grass (Eustachys sp.), and white -top sedge (Rhynchospora colorata). Disturbed Land, Hydric (FLUCFCS Code 7401) This wetland area is located along the east side of the property and occupies 0.55± acre or 3.3 percent of the site. This area was cleared by the County as part of the improvements associated with the Davis Boulevard widening. The canopy is open, while the sub -canopy includes wax myrtle and young earleaf acacia. The ground cover includes species typical of disturbed areas such as cogongrass, spermacoce (Spermacoce verticillata), dwarf horseweed (Conyza canadensis), and southern side (Sida acuta). Scattered swamp fern and gulfdune paspalum (Paspalum monostachyum) are also present. Borrow Area (FLUCFCS Code 742) This SFWMD OSW and COE water of the U.S. occupies 0.07± acre or 0.4 percent of the property. Vegetation in the canopy, sub -canopy, and herbaceous strata is absent. Berm (FLUCFCS Code 747) This upland land use is located along the west boundary line and occupies 0.38± acre or 2.3 percent of the property. The canopy is dominated by slash pine. The sub -canopy is sparse but K contains scattered Brazilian pepper and wax myrtle. The ground cover is dominated by bahiagrass (Paspalum notatum) with scattered smutgrass (Sporobolis indicus) and spermacoce. LISTED SPECIES SURVEY A listed plant and wildlife species survey was conducted by PAI for the Project site on July 27, 2005 and subsequently updated on January 6, 2007, March 16 and 18, 2007, and September 5, 2014. One historic red -cockaded woodpecker (Picoides borealis) (RCW) cavity tree is located in the southeast corner of the Project site; however, no listed species were documented utilizing the Project site during any of the listed species surveys. The abandonment of the cavity tree by the RCW, as well as, the general lack of use of the site for forage by this species has been further confirmed through the performance of three sets of 14 day spring and fall surveys between 2005 and 2015. The fall foraging surveys were conducted from December 1 through 14, 2005; October 15 through November 1, 2012; and October 15 through November 4, 2014. The spring nesting season surveys were performed from May 1 through 14, 2006; April 17 through May 4, 2012; and May 19 through June 9, 2015. The methodology for the listed species surveys and results are provided as Exhibit 4. NATIVE VEGETATION PRESERVATION The 16.80± acre Project site contains 1.34± acres of non-native vegetation communities. After the non-native vegetation is deducted from the overall Project acreage, 15.46± acres are classified as native vegetation; however, this site is exempt from the native vegetation requirement, per a previously approved Developer's Agreement (DA) (Exhibit 5). Table 1 summarizes the native and non-native acreages by habitat type. Table 1. Native and Non -Native Habitat Types and Acreages FLUCFCS Code Description Native Vegetation Acreage Non -Native Vegetation Acreage 4119 E2 Pine Flatwoods, Disturbed (25-49% Exotics) 1.08 - 4159 E1 Pine, Disturbed (0-24% Exotics) 2.23 - 4241 Melaleuca, Hydric - 1.34 6259 E2 Pine, Hydric, Disturbed (25-49% Exotics) 7.87 - 6259 E4 Pine, Hydric, Disturbed (76-100% Exotics) 2.96 - 740 Disturbed Land 0.32 7401 Disturbed Land, Hydric 0.55 742 Borrow Area 0.07 - 747 Berm 0.38 - Total 15.46 1.34 Minimum Retained Native Vegetation Requirement (Native Vegetation Acreage =15.46E Acres x 25 Percent) N/A El The Project site, previously 30.56± acres, was deemed exempt from the LDC native vegetation preservation requirement on February 20, 2007 as part of the DA with Collier County. The agreement offered Collier County the option of obtaining a 50± foot right-of-way (ROW) from the northern boundary and a 13.00± acre proposed pond site (Pond Parcel) (previously intended to fulfill on-site preservation requirements) from the southern half of the property. The newly dedicated pond site and ROW totaling 13.76± acres were removed from the Project area, leaving the remaining 16.80± acres for development. DA Covenant 3 states, "Following the acquisition, no further native preserve pursuant to LDC shall be required on the remaining parcel." The green space that has been incorporated around the pond site was intended to compensate for the future absence of native preservation on the subject property (Exhibit 6). The Project will result in 12.72± acres of unavoidable impacts to SFWMD and COE jurisdictional wetlands (Exhibit 7). The loss of function resulting from the impacts will be compensated through the purchase of mitigation credits from a regionally approved mitigation bank. The off-site mitigation details have yet to be finalized by the regulatory agencies. E REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Second Edition. EXHIBIT I PROJECT LOCATION MAP ,AMR* .27TH AVE SW` �4 EXIT �AINTEb LEAF' LN 11051 PfflE'PKWY SW.. mea:,;: 32 7 t: bLVL) IF, z' L -j� A�C MOM j 75 4N HAW BLVD j z R Cie A u3 po > z ".0 0. — cM l 42 'R:( , V71 L LLj:�:NE 0 S IR 71 �oc RV.SBLVD �Jf PGE D ol� : i- P' -SS HERIV -I A �.w 4- w m z At co m . 4�xll 7 k z---CCPE'LN.. 7- -r. z4 z (nl G#'- — t EXHIBIT 2 ENVIRONMENTAL DATA SUBMITTAL PREPARER'S RESUME Michael A. Myers Senior Vice President Senior Vice President for Passarella & Associates, Inc., an ecological consulting firm providing environmental and ecological services. Services include state, federal, and local permitting; agency negotiations; presentations for planning, zoning, and board of county commissioner hearings; environmental impact assessments; ecological assessments; listed species surveys, permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation assessments, design, permitting and construction observations; wetland mitigation banking management, design, permitting and construction observations; and environmental project management. REPRESENTATIVE PROJECT EXPERIENCE AVIATION Naples Municipal Airport, Collier County Pine Island Airpark, Lee County COMMERCIAL & RESIDENTIAL DEVELOPMENT Freshman Daniels/Waterstone, Lee County Arborwood, Lee County Daniels Marketplace, Lee County Cypress Hammock, Lee County Hunter's Ridge Golf Course, Lee County Carefree Resort of Southwest Florida, Lee County Retreat Golf Course, Lee County Airport Technology Center, Lee County Verandah, Lee County Sun City, Lee County Hideout Golf Course, Collier County Glen Eden on the Bay, Collier County CONSERVATION BANKS Florida Panther Conservation Bank, Hendry County Florida Panther Conservation Bank II, Hendry County INSTITUATIONAL Collier County Public Schools, Collier County Golden Gate High School, Collier County Bethune Education Center, Collier County Florida Gulf Coast University, Lee County ROAD PROJECTS Bonita Beach Road, Lee County Bonita Beach Road Sections 4 and 5, Lee County WETLAND MITIGATION BANKS Bullfrog Bay Mitigation Bank, Polk County OTHER Bonita Springs Utilities Bonita Beach Road East Water Storage Tank, Lee County Bonita Springs Fire Station No. 4, Lee County U.S. Fish and Wildlife Service Beautiful Pawpaw Monitoring and Reporting, Lee and Charlotte Counties Florida Department of Environmental Protection Cape Romano Acquisition Area, Collier County Lee County Emergency Operation Center, Lee County EXPERIENCE Senior Vice President and Senior Ecologist Passarella & Associates, Inc. (November 1996 - Present) Ecologist III, Environmental Field Supervisor Johnson Engineering, Inc. (September 1992 - November 1996) EDUCATION Bachelor of Science, Wildlife Biology & Management 1980 Michigan State University, East Lansing, Michigan CERTIFICATIONS Certified Wefland Delineator, U.S. Army Corps of Engineers Certified to Perform Generic Gopher Tortoise Relocations by the Florida Fish and Wildlife Conservation Commission Certified in Basic First Aid by the South Fort Myers Fire Department PROFESSIONAL ASSOCIATIONS Florida Association of Environmental Professionals President of Southwest Florida Chapter (1996- 1998) State Board of Directors (1996 - 1998) Local Board of Directors (1994- 1998) Florida Native Plant Society Society of Wetland Scientists Lee County Eagle Technical Advisory Committee (2007 - Present) PASSARELLA _v ASSOCIATES z Offices in Florida and South Carolina 13620 Metropolis Avenue • Suite 200 • Ft. Myers, FL 33912 1 505 Belle Hall Parkway • Suite 102 • Mt. Pleasant, SC 29464 www.passarella.net Katherine Nelson Ecologist Ecologist for Passarella & Associates, Inc., an ecological consulting firm providing environmental and ecological services. Services include state, federal, and local permitting; agency negotiations; environmental impact assessments; ecological assessments; listed species surveys, permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation design, permitting and construction observations; wetland mitigation banking management, design, permitting and construction observations; and environmental project management. REPRESENTATIVE PROJECT EXPERIENCE COMMERCIAL & RESIDENTIAL DEVELOPMENT Golf Club of the Everglades, Collier County Winding Cypress, Collier County Good Turn Center, Collier County Avalon of Naples, Collier County Argo Corkscrew Crossing, Lee County Argo Manatee, Collier County Stonewater, Lee County Freshman Daniels, Lee County OTHER Cape Coral North 2 UEP, Lee County Lely Site FL 16089, Collier County EXPERIENCE Ecologist Passarella & Associates, Inc. (January 2015 - Present) EDUCATION Bachelor of Art, Environmental Studies 2014 Florida Gulf Coast University, Fort Myers, Florida CERTIFICATIONS Certified in Basic First Aid by South Fort Myers Fire Department PROFESSIONAL ASSOCIATIONS Florida Association of Environmental Professionals Society of Wetland Scientists PASSARELLA S S O C IAT E S z Offices in Florida and South Carolina 13620 Metropolis Avenue • Suite 200 • Ft. Myers, FL 33912 1 505 Belle Hall Parkway • Suite 102 • Mt. Pleasant, SC 29464 www.passarella.net EXHIBIT 3 AERIAL WITH FLUCFCS AND WETLANDS MAP -RADIO LN - 0 _J. wN, & i.4.4 U&* I % i 44 NOTES: AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF JANUARY 2015. FLUCFCS LINES ESTIMATED FROM 1'=200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS % OF LEGEND: CODES DESCRIPTIONS ACREAGE TOTAL FLUCFCS PER FLORIDA LAND USE, COVER AND _ 4119 E2 PINE FLATWOODS, DISTURBED (25-49% EXOTICS) 1.08 Ac. --t 6.4% FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT SFWMD WETLANDS 4159 E1 PINE, DISTURBED (0-24% EXOTICS) 2.23 Ac.± 13.3% 1999). (12'72 Ac.±) 4241 MELALEUCA, HYDRIC 1.34Ac. ± 8.0% -6259 "OTHER E2 PINE, HYDRIC, DISTURBED (25-49% EXOTICS) 7.87Ac.± 46.8% PROPERTY BOUNDARY PER RWA, INC. DRAWING No. SFWMD 5001170003DMOI.DWG DATED JANUARY 21, 2008. SURFACE WATERS' 6259 E4 PINE, HYDRIC, DISTURBED (76-100% EXOTICS) 2.96Ac. ± 17.6% (0.07 Ac.±) 740 DISTURBED LAND 0.32Ac. ± 1.9% SURVEYED WETLAND LINES PER RWA, INC. DRAWING DISTURBED LAND, HYDRIC 0.55 Ac. --t 3.3% No. 5001170003X04.DWG DATED FEBRUARY 22, 2007. V7401 SURVEYED WETLAND LINE 742 BORROW AREA 0.07 Ac.± 0.4% 747 BERM 0.38Ac. ± 2.3% UPLAND/WETLAND LIMITS HAVE BEEN REVIEWED AND TOTAL 16.8OAc.± 100.0% APPROVED BY THE SFWMD ON JANUARY 26, 2007. DRAWN BY DATE J.1. 4/18/0 EXHIBIT 3. AERIAL WITH FLUCFCS AND WETLANDS MAP WPASSARELLA REVIEWED BY DATE VINCENT ACRES J.H.E4/18/07 ^^s°I ^ ASSOCIATES z - Ecol<e �[. REVISED DATE T.S. 11/12/15 EXHIBIT 4 LISTED SPECIES SURVEY VINCENT ACRES LISTED SPECIES SURVEY November 2015 INTRODUCTION This report documents the results of the listed species survey conducted by Passarella & Associates, Inc. (PAI) on September 5, 2014 on the Vincent Acres site (Project). The Project includes a proposed Habitat for Humanity residential development with an associated stormwater management system. The purpose of the survey was to review the Project area for plant and wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC), the Florida Department of Agriculture and Consumer Services, and the U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, species of special concern, or commercially exploited. The survey is also intended to be consistent with the environmental data submittal and protected plant requirements as outlined in Sections 3.08.00(A) and 3.04.03, respectively, of the Collier County Land Development Code (LDC). The Project totals 16.80± acres and is located in Section 3, Township 50 South, Range 26 East, Collier County (Figure 1). More specifically, the Project is found at the southwest corner of the intersection of Davis Boulevard (State Road 84) and Market Street. The site is approximately 0.5 mile west of Collier Boulevard (County Road 951) and 0.5 mile east of Radio Road. The Interstate 75 and Collier Boulevard interchange (Exit 101) is also located approximately one mile to the northeast. The Project area is composed of a combination of forested upland and wetland habitats dominated by slash pine (Pinus elliottii) and melaleuca (Melaleuca quinquenervia). The surrounding land uses are a combination of undeveloped, forested land; residential developments; and roads. The Project is bordered to the north by Davis Boulevard and Saddlebrook Village Apartments; to the east by Westport Commerce Center and Market Street; to the south by Collier County lands; and to the west by Cedar Hammock Golf and Country Club. The results of the September 5, 2014 survey found no listed species on the subject property; however, three squirrel nests and one relic red -cockaded woodpecker (Picoides borealis) (RCW) cavity tree were noted on-site. This survey is intended to be an update to prior PAI surveys conduct on July 27, 2005, January 6, 2007, and March 16 and 18, 2007, which also found no listed species on the property. Further details regarding the September 5, 2014 survey's methodology and results are as follows. METHODOLOGY AND DISCUSSION The listed plant and wildlife species survey included an on-site review, conducted on September 5, 2014, and a subsequent literature search for local, state, and federal listed species. The field E4-1 survey methodology consisted of qualified ecologists walking parallel transects across the property (Figure 2). The listed species and cavity tree survey was conducted by qualified ecologists walking parallel transects within the proposed future development footprint (16.80± acres). The transects were spaced 50 feet apart depending on habitat visibility due to the density of the vegetation. Surveys were conducted with the aid of binoculars. In the event that a cavity tree or trees were detected, they would be scoped, or peeped, with a Sandpiper Technologies, Inc. TreeTop Peeper Video Inspection System. The literature search involved an examination of available information on protected species in the Project's geographical region. The literature sources reviewed included the FWCC Florida's Endangered and Threatened Species (2013); Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); USFWS Habitat Management Guidelines for the Bald Eagle (Haliaeetus leucocephalus) in the Southeast Region (1987); the Florida Panther Habitat Preservation Plan (Logan et al. 1993); the Landscape Conservation Strategy Map (Kautz et al. 2006); and the USFWS and/or the FWCC databases for telemetry locations of the Florida panther (Puma concolor corgi), bald eagle, RCW, Florida black bear (Ursus americanus floridanus), Florida scrub jay (Aphelocoma coerulescens), and wading bird rookeries, such as the wood stork (Mycteria americana), in Collier County (Figure 3). The wildlife agencies' database information is updated on a periodic basis and is current through different dates, depending on the species. The FWCC information was current through the noted dates for the four following species: Florida panther telemetry — June 2013; bald eagle nest locations — August 2013; black bear telemetry — December 2007; and RCW locations — August 2013. The literature search found one documented occurrence of a relic RCW cavity tree located near the site's southeast corner, which was also located during the field survey (Figures 2 and 3). Since 2005, PAI has conducted three sets of 14 day, spring and fall RCW foraging surveys on- site. The fall foraging surveys were conducted from December 1 through 14, 2005; October 15 through November 1, 2012; and October 15 through November 4, 2014. The spring nesting season surveys were performed from May 1 through 14, 2006; April 17 through May 4, 2012; and May 19 through June 9, 20015. The results of these surveys found no RCW nesting activity at the cavity tree or foraging activity on the balance of the site. The RCW is listed by the State of Florida as a Federally -designated endangered species. The closest documented bald eagle nest is CO -015, which is located approximately 3.1 miles to the site's east, across Collier Boulevard (Figure 3). The nest's distance is well beyond the USFWS and the FWCC recommended 660 -foot buffer protection zone for active and alternate bald eagle nests. The bald eagle is not a listed species, but is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. No Florida panther telemetry is located on-site (Figure 3). The property is not located within the USFWS designated Focus Area (FA) or Florida panther Zones (Kautz et al. 2006) (Figure 4). The Florida panther is listed by the State of Florida as a Federally -designated endangered species. E4-2 Telemetry data for the Florida black bear does not occur on-site but is found just to the east, across Collier Boulevard (Figure 3). The Florida black bear was de -listed as a state threatened species in 2012 by the FWCC; however, it is still a protected species per various rules in the Florida Administrative Code (FAC) (e.g., FAC 68A-4.001 and 68A-4.004). As a result of this species protection status, the use of bear proof trash receptacles should be encouraged within the community at post -construction. The literature search confirmed that the Project is located within the 30 kilometer (18.6± miles) Core Foraging Area (CFA) for three documented wood stork rookeries (No. 619018, No. 619161, and No. 6193 10) (Figure 5). According to the FWCC data, the three active wood stork colonies are located approximately 16.1 and 17.2 miles to the north/northeast (No. 619018 and No. 619310) and 17.1 miles (No. 619161) to the east of the Project site. The wood stork is listed by the State of Florida as a Federally -designated threatened species. As of November 1, 2013, a final rule took effect for the listing of the Florida bonneted bat (Eumops floridanus) (FBB) as a federally endangered species under the Endangered Species Act. The final rule was published in the Federal Register (Volume 78; No. 191) on October 2, 2013. The Project area is located within the USFWS' designated consultation area but not the focal area for the FBB. The FBB's range is generally identified as South Florida. During the listed species survey, the cavity tree identified on-site was scoped with a Sandpiper Technologies, Inc. TreeTop Peeper Video Inspection System. No bats were found utilizing the cavity trees on-site. The FBB is listed by the State of Florida as a Federally -designated endangered species. During the field survey, three squirrel nests were observed on-site. Only gray squirrels (Sciurus carolinensis) have been noted on the property to date. However, the Big Cypress fox squirrel (Sciurus niger avicennia) has been documented as occurring on the Collier County lands located to the south, so there is the potential that a nest located on the subject property could be utilized by this species. As a result, further observation may be warranted to confirm the nests status prior to construction. The Big Cypress fox squirrel is a State of Florida State -designated threatened species. RESULTS The results of the September 5, 2014 field survey documented three squirrel nests and one relic RCW cavity tree (Figure 3). Although no Big Cypress fox squirrels were observed on-site, only gray squirrels, observations of the nests prior to construction may be warranted to confirm their status. The literature search of the wildlife agencies' database found one documented occurrence for listed/protected species within the Project area, which was a historic RCW cavity tree. Since 2005, three sets of 14 day, spring and fall RCW foraging surveys have been conducted on-site and no RCWs have been detected utilizing the property to date. The Project is located within the CFA of three wood stork colonies (Nos. 619018, 619310, and 619161). The Project is also located within the USFWS consultation area for the FBB. E4-3 REFERENCES Florida Fish and Wildlife Conservation Commission. 2013. Florida's Endangered and Threatened Species. Official Lists, Bureau of Non -Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape -scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages 118-133. Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service. Gainesville, Florida. Marks, C.S. and G.E. Marks. 2006. Bats of Florida. University Press of Florida, Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission. Tallahassee, Florida. U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. E4-4 ,AMR* .27TH AVE SW` �4 EXIT �AINTEb LEAF' LN 11051 PfflE'PKWY SW.. mea:,;: 32 7 t: bLVL) IF, z' L -j� A�C MOM j 75 4N HAW BLVD j z R Cie A u3 po > z ".0 0. — cM l 42 'R:( , V71 L LLj:�:NE 0 S IR 71 �oc DAMS l� �i- Jf P' -SS PGE D ." HERIV -I A �.w 4- LU z co j P. OPE,LN.. z-- -C S. - z gCRE: .0. v C. VVS, - - I t PINE RIDGE RD AA ' ♦ LEGEND ♦ ♦ z GREEN BLVD u♦ f� 0 0 9 ♦ ` .♦ z z ♦• ♦ 0 D • •� zA DO O . ' G) D • O •• A ED G ♦ • •• ♦ GOLDEN GATE PKWY • ♦ �( ♦ ♦ • n� • ♦ • ® • ® • • • X • • •• ••' N ® • is~rl lJ • -, BECK'BL'.• • W E RADIO RD L Vol • s• �'�►• • • • •� hI�LL� :• ' . r • •: • .• • • PROJECT c3 . a ._ . s: • ? s. ..• • LOCATION •i: •• •••' .';:.�'r. •:.: •�:• s ESTE AVE ® 1 2 ® BLVD '� f •� • • • • • • • Miles DAVIS •s� f 7 r' • • •t •• : • •t �• • + �• • •s• y :� :• • t � D mcr• • • •':� • s• '• • ' o m ♦ • • ♦ . �• t♦ • t� W z •• % •. K0 ••• • O • • ' ' ' ••• • ~• • •• • • ' n �� 0� RATTLESNAKE HAMMOCK •• • ' . • • • • • • r• •• t • •� • • • • •• ♦ • • • • • • s s• ' • • .. '•• A ' • • N• • M u f % ; .=• Z 3 ••. •♦ A.• • .:0 0 •. DRAWN BY DATE H.H. 9/24/14 FIGURE 3. DOCUMENTED OCCURRENCES OF LISTED SPECIES PAS SA R E L LA REVIEWED BY DATE VINCENT ACRES M.A.M. 9/24/14 REVISED DATE SSOC1'IATES PINE RIDGE RD 4 -P p GREEN BLVD LEGEND z O p � CN7 m v z A> � J r Q r Z z z �1 O GOLDEN TE PKWY N PROJECT ' Q LOCATION BECKBVD _ RADIO RD — 51 W E � � ;� S ESTE Y AVE 0 1 2 DAVIS BLVD Miles K p a z Q m TEm - z z Lu of U O v QO� O� RATTLESNAKE HAMMOCK v DRAWN BY DATE H.H. 9/24/14 FIGURE 4. PANTHER ZONES REVIEWED BY DATE PAS SA R E L LA M.A.M. 9/24/14 VINCENT ACRES REVISED DATE �`� _ &L SSO C11ATES Fi LEGEND LSC 1, £1 Cc,!vwt 7,�� ^^ l•71� �11 1 . A • A '"WoIC1AAo.11�1� N W E %7LL1� s 1P o z 4 Miles e PROJECT LOCATION 41 FIGURE 5. FLORIDA WOOD STORK NESTING COLONIES DRAWNBY H.H. DATE 9/24/14 RENEWED BY M.A.M. DATE 9/24/14 AND 18.6 MILE CORE FORAGING AREAS {�{ AS SA R E L Ll 1 VINCENT ACRES `"'''""" SSOCIATES EE REVISED DATE EXHIBIT 5 DEVELOPER'S AGREEMENT DEVELOPER AGREEMENT MYSTIQUE THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this od a of 1"Vwg!:y , 2007, by and between WATERWAYS JOINT VENTURE VII (hereinafter referred to at s the "Developer"), with an address at 14627 Collier Boulevard, Naples, Florida 34120, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended. Q RECITALS: Pq WHEREAS, Developer is the owner of approximately 30.56 acres of land in unincorporated Collier County, Florida, located on the south side of Davis Blvd. near its intersection with Collier a Blvd., which will be residentially developed (hereinafter referred to as the "Development"). A legal description of the Development, together with a graphic rendering, is attached as Exhibit A; and o WHEREAS, the Florida Department of Transportation ("FDOT"), as part of the Davis Blvd. N expansion project, has identified a 10 -acre portion of the Development as a pond site, together with 0= PQ the necessary easement to access the pond, and an easement for conveyance from Davis Blvd. to the opond site, which pond is necessary for the attenuation of storm water off of the expanded Davis " Q Blvd. A legal description and graphic rendering of this pond site and easement (hereinafter referred A to as the "Pond Parcel") is attached as Exhibit B; and � a WHEREAS, Developer had intended the Pond Parcel to be utilized for both future o development and native vegetation preserve pursuant to the County's LDC, and for wetland preserve t.J P credit through the Environmental Resource Permit process with the South Florida Water 4 Management District, and Section 404, Clean Water Act permitting with the U.S. Army Corps of rL -- Engineers; and WHEREAS, to preserve the Davis Blvd. road project, and to reduce costs of future tag condemnation, when the presently undeveloped Pond Parcel would be developed, County has a offered to purchase the Pond Parcel for the sum of $3,000,000 in impact fee credits, consistent with the County's right-of-way purchase policy; and x WHEREAS, Developer is willing to convey to the County the Pond Parcel for the sum of $3,000,000 in impact fee credits, provided that the Developer by doing so will not be in violation of Po Pq any County ordinance or regulation with respect to the Development not having sufficient preserve H area and other requirements or violation as a result of the conveyance; and WHEREAS, the County acknowledges that by conveying the Pond Parcel to the County, a� C E — a' ' ' County shall not require the Developer to provide any native vegetation preserve on the remaining 20+/- parcel; and WHEREAS, Developer is willing to freely donate, at no cost to the County, a 50 -foot strip of land adjacent to Davis Blvd. for use in the Davis Blvd, expansion project. A legal description and graphic rendering of this right-of-way strip (hereinafter the "ROW Parcel") is attached as Exhibit C; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth -necessitated capital improvements c and additions to the County's transportation system; and C. The Proposed Plan is consistent with both the public interest and with the CZ) comprehensive plan, including the most recently adopted five-year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. On or before December 15, 2007, the Developer shall convey to the County both the Pond Parcel (with appropriate easements for access and maintenance) and the ROW Parcel. Both Parcels will be conveyed to the County in fee simple, free and clear of all liens and encumbrances, made by executed Warranty Deeds provided to the Office of the County Attorney, suitable for recording, the general form of which is attached hereto as Exhibit D. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the Warranty Deeds in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to 14 Page 2of8 OR: 4187 PG: 2312 County as liquidated damages the sum of $1,000 per day for each day past the deadline that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. Notwithstanding anything to the contrary, County shall have the right, in its sole discretion, to elect not to acquire the Pond Site, by giving Developer written notice of such election no later than December 14, 2007. All provisions of this Agreement shall survive closing and be enforceable by the County and Developer and their successors and assigns. 3. The Pond Parcel is being acquired for public use, in lieu of future condemnation. Accordingly, except with respect to preserve requirements, it is expressly agreed that the provisions of LDC §1.04.04.B (Ordinance No. 2006-07) shall apply to this Development and subsequent set- back for accessory structures shall be no less than 10 feet as shown on Exhibit B. With respect to preserve requirements, any preserve areas proposed by the Developer located in the Pond Parcel shall be mitigated off-site by the County within 1 year from the conveyance of the Pond Parcel to the County. A minimum of 7.3 acres and up to the full 10 acres, if required by South Florida Water Management District, will be mitigated for on a 1:1 basis with like for like habitat through the Conservation Collier or similar program. Following the acquisition, no further native preserve pursuant to the LDC shall be required on the remaining parcel. The Developer will be responsible for any mitigation for any listed species and wetlands impacts mitigation required by any permitting agencies on the northern remaining parcel. Any additional wetlands mitigation resulting from the conveyance of the Pond Parcel shall be the responsibility of the County. 4. Developer shall receive, at closing, as full compensation for the Pond Parcel and easements, the sum of $3,000,000 in Road Impact Fee credits which, consistent with the Collier County Consolidated Impact Fee Ordinance, may be used by the Developer and any related joint venture party in the impact fee district of the Pond Parcel, and all adjacent impact fee districts. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement is attached as Exhibit E. These Road Impact Fee credits may be assigned at any time to any another development within the same or an adjacent impact fee district provided that all parties to this assignment of impact fee credits comply with all then -current rules and procedures of the Collier County Impact Fee Administration section, and execute all then -current County approved assignment forms. 5. Developer hereby grants County an option to purchase up to an additional three acres adjacent to the Pond Parcel. This additional acreage contains the footprint for approximately 40 dwelling units. The purchase price for exercising the full 3 acre option shall be $2,000,000, or $666,666.67 per acquired acre. Should the County exercise its option to purchase less than 3 acres, the purchase price shall be calculated to equal the acquired land valued at $666,666.67 per acre. If exercised, the County shall use its best efforts to acquire a generally rectangular parcel. This option to purchase shall be exercised by County giving Developer written notice of such election no later than December 14, 2007. In no event may this option reduce the Development to less than 160 dwelling units. Should County exercise this option, the conveyance of this additional acreage to County shall be conducted in the same manner as set forth in Paragraph 2 above, except that payment for this additional acreage shall be in cash, and not in impact fee credits. 6. The credit for Road Impact Fees identified herein shall run with the Development and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement Page 3 of 8 OR; 4187 PG. 2313 with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. 7. The County will require an approximate 15-20 foot drainage easement to connect Davis Blvd. to the Pond Parcel and an appropriate 20 -foot wide access easement to maintain the Pond Parcel, which easement must be approved by FDOT. This easement will be identified by the parties and dedicated to the County on or before December 15, 2007. It is anticipated that the likely site for this easement will be along the eastern boundary of the Development. To the extent possible, any required buffers or landscaping that will be within the easement boundary will not be installed until the drainage pipe has been laid along the easement. County or FDOT shall supply Developer with all necessary drainage pipes, fencing, and ancillary structures, which Developer, at its sole cost and expense, will install in the drainage easement during the earlier of the construction of the Development or within a commercially reasonable time following written demand by County or FDOT to meet the Davis Blvd. Expansion Project needs. The parties shall cooperate so that this provision can coincide with the Developer's site work. If for whatever reason Developer is not able to commence this work following such written demand, then County or FDOT, at their sole cost and expense, shall do the installation. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the easement in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. 8. It is anticipated that the Developer will need an approximate 15-20 foot wide drainage easement through the Pond Parcel to connect to its outfall. At Developer's written request, County shall promptly provide the Developer with such an easement through a mutually agreed- upon location. All costs associated with this easement shall be paid by Developer. 9. The County will provide the Developer with the ability to upgrade the fencing between the Pond Parcel and the remaining land at the Developer's expense. 10. The County will use its best efforts to obtain all required permits for the storm water pond to be located on the Pond Parcel to be excavated to a depth of at least 20 feet. In any event, on written notice by County or FDOT, Developer at no charge to County or FDOT will construct the storm water pond, in accordance with all plans and specifications provided to Developer. This provision is intended to coincide with the Developer's site work. As full compensation for this construction, Developer will be entitled to keep the excavated material, and will be allowed to utilize the excavated material within the Development. Developer will be responsible for removing and properly disposing of any excess, unsuitable or otherwise unwanted material excavated from the storm water pond. If for whatever reason Developer is not able to construct the storm water pond following such written demand, then County or FDOT, at their sole cost and expense, shall do the construction, and will keep the excavated material. Page 4 of 8 11. For a period of one year, commencing with the date first above written, sufficient development trips have been approved and reserved through the normal development review process. During this one year period, Developer may permanently reserve roadway capacity for up to 206 residential units. To exercise this right, Developer shall prepay to County one-half (112) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ("Certificate") vesting the Developer's Project to construct up to 206 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements, and unless specifically required by law, the County shall not thereafter withhold the issuance of any Certificate of Occupancy based on the County Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for such units. Payment of these fees vests the Development entitlements for which the Certificate applies on a continuous basis for three (3) b" years unless otherwise relinquished. This initial 50 percent impact fee payment is non- refundable after payment and receipt of the Certificate. per, , 12. Not later than 90 days prior to the expiration of the three-year period for the �. Certificate, the County shall notify Developer via registered mail of the remaining balance due CX>for the estimated transportation impact fees up to 50 percent (50%), based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule a then currently applicable. The Developer may elect to pay the balance of the estimated o transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable. The Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 13. The Developer may terminate this Agreement if the contemplated conveyance of the Pond Parcel significantly impacts the Developer's ability to develop the remaining land consistent with the conceptual development plan as shown in Exhibit `B" because of permitting restrictions resulting from the pending conveyance. Should Developer so terminate this Agreement, and should Collier County or any other government agency in the future, including but not limited to FDOT, seek to acquire the Pond Parcel through eminent domain proceedings as party of a road project, Developer will accept the sum of $3,000,000 as compensation for the Pond Parcel. The Developer v� Page 5 of 8 reserves the right to make a claim for severance damages to the remainder parcel resulting from such condemnation. This provision shall survive any termination of this Agreement by Developer. 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. CW-) 16. Developer acknowledges that the failure of this Agreement to address any permit, `v condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said P" permitting requirements, conditions, terms or restrictions. � 17. In the event state or federal laws are enacted after the execution of this Agreement, C -.P which are applicable to and preclude in whole or in part the parties' compliance with the terms of a this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 18. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.I.C.P. Transportation Division Administrator Phone: (239) 774-8872 Facsimile: (239) 774-9370 Waterways Joint Venture V11- Attn: Richard Davenport 15122 Summit Place Circle Naples, Florida 34120 Phone: (239) 352-6610 Facsimile: (239) 352-1460 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 19. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into Page 6of8 this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 20. In the event of a dispute under this Agreement, the parties shall first use the County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 21. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years CV -3 from the completion of the Development. N 6 22. An annual review and audit of performance under this Agreement shall be performed ' by the County to determine whether or not there has been demonstrated good faith compliance with o the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this o Agreement, the Agreement may be revoked or unilaterally modified by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: rye DWIGHT Ee B�,OCK,'Clcrk Att s ;i+• 11`1! eputy Clerk s ipatwrt get AS TO DEVELOPER: Signed, sealed and delivered in the presence of: _ 1 J��r�nit�_ 1-1 • �O�I�.S Printed Name Ai'1Q 1 _ Gonzc Printed Name Waterways Joint Venture VII By: Waterways at Hibiscus, Ltd. Partner and by Waterways Develop ent, In as sole General Partner By: Richard bavenport, as President of Waterways Development, Inc. Page 7 of 8 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 2D day of F Yu , 2007, by Richard Davenport, as President of Waterways Development, Inc., as General Partner df Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture VII, who is personally known to me or has produced as identification. r--- ,--4 CV -1 cv Approved as to form cow aWaItficiency: r~ 00 �r Jef y A. atzkow M ging sistant County Attorney Ty Notary Pull c Print Name: T My Commission Expires: iQ ,,pY p STACEY M. LOFTY Notary Public - State of Flo My Commission Expires Jun 28 Commission # DD 569297:1 "" , Bonded 9y National Notary LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit A Legal description and graphic rendering of Development Exhibit B Legal description and graphic rendering of Pond Parcel Exhibit C Legal description and graphic rendering of ROW Parcel Exhibit D Form of Warranty Deed Exhibit E Impact Fee Credit Ledger Page 8 of 8 coo c� co tet+ a 0 TRIAD PUD SADDLEBROOK EAST VILLAGE GATEWAY _PUD _ _ _ _ PUD _ DWS BOULEVARD (SR 84) _ I PROJECT ®� I SITE �l W ESTPORT COMMERCE CENTER PUD CEDAR HAMMOCK PUD IQnuory .J, 2007 11:28 AM 0:\2005\050117.00.00 Mystique tngmeeringwuu; uenerar ---q EXHIBIT A C)1 .--i M cV 6 Lam. N �f �1 -: SKETCH Inc DESCRIPTION THIS IS NOT A SURVEY NORTH QUARTER CORNER, SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST S00'07'064 146.59' DAVIS BOULEVARD (SR 84) N89'34'06"E 652.88'(P) 653.00'(M) POINT OF BEGINNINGCD o LESS AND EXCEPT PARCEL o LESS AND EXCEPT\ CENTER OF SECTION 3, W PARCEL �\ TOWNSHIP 50 SOUTH, RANGE 26 EAST o 589'19'38"W 651.6\ - ---- -- -- CURVE RADIUS LEGAL DESCRIPTION I BEARING DELTA A TRACT OF LAND SITUATED IN THE STATE OF 1 3224.04 666.92' 1 665.13 FLORIDA. COUNTY OF COLLIER, EYING IN g SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND Q DESCRIBED AS FOLLOWS: THE WEST ONE HALF co (W4) OF THE WEST ONE HALF (W2) OF THE n rn o NORTHEAST ONE QUARTER (NEJ) OF SAID SECTION 3. LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD - STATE ROAD 84; LESS THE FOLLOWING oq u? DESCRIBED PARCEL: BEGINNING AT THF m SOUTHWEST CORNER OF THE NORTHEAST ONE QUARTER (NFj) OF SAID SECTION 3; THENCE NOC'07'06"E. ALONG THE WEST LINE OF SAID Ln FRACTION 707.03 FEET; !n p THENCE LEAVING SA$D FRACTION LINE N89'34'06"E. 652.88 FEET; TO A POINT ON THE o EAST LINE OF SAID FRACTION, o z THENCE SOO' 17'56"W. 704.31 FEET; TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER (NE4) OF SAID SECTION 3, THENCE S89'"9'38"W. 650.69 FEET; ALONG SAID UNE TO THE POINT OF BEGINNING. N89'34'06"E 652.88'(P) 653.00'(M) POINT OF BEGINNINGCD o LESS AND EXCEPT PARCEL o LESS AND EXCEPT\ CENTER OF SECTION 3, W PARCEL �\ TOWNSHIP 50 SOUTH, RANGE 26 EAST o 589'19'38"W 651.6\ - ---- -- -- CURVE RADIUS I I FNGTH CHORD I BEARING DELTA Cl 1 3224.04 666.92' 1 665.13 58710'75) 11'51'08" NOTE: LEGAL DESCRIPTION AS SHOWN WAS TAKEN FROM A 13GUNDARY SURVEY PREPARED BY CAROL E. NELSON, P.A- DWG. #3T5DR26 DATED 10-09-06 ,;unwary J. 7007 4-Z5 rM1F 9.\20U5`,0`J'1 7.000.3 VystiGee �ng,neenrgk000I General Consuftotion\500II70003XA. uwq EXHIBIT A -1 p i EAST GATEWAY PJD �I I ISI I IQI �1 SADDLEBROOK VILLAGE PUD TRIAD PUD WESTPORT COMMERCE CENTER PUD OR; 4187 PG, 2320 70' ACCESS EASEMENT 'OR MAINYL:NANCE OF FDDT D;WMAGE PGD L-1 1S'DRAINACE A C��... lul{4Ft1(1Ci..a l�Ctl g� _ E SEMENT FRON --�w..— —�.— —— -_-- _ _,� - �Tv�+� ` DAMS 60uLEVARD .swiv.--t — _ T_ — to POND SITE PARCEL 1 LLI Vii' MA.Np ATORY 10' PEAR YARD SETBACK CEDAR HAMMOCK PUO EXHIBIT B EDGE OF WATER POND PARCEL PROPERTY BOUNDARY (10.0 Ac) PRESERVE (1.71 AC) FUTURE FDDT DRAINAGE POND PARCEL 2 1 j 15' DRANACF. FASEMENT FROM MYST4JE DFVELOPMENT AREA TO SCUTHERN PROPERTY BOONOARY/D'SChARGE LOCAT,CIN CEDAR HAMMOCK PUD N W E 5 DAVIS BOULEVARD (SR 84) 50' ROW PARCEL o v I ` J January 3. 2G07 9.44 AM p,\2oo5\0501i700.03 Mystique Engineering\0001 General Consultation\ 50071 7000JXC.dwg E 11 IBff C POINT OF B SKETCH & DESCRIPTION THIS IS NOT A SURVEY DAVIS BOULEVARD (SR 84) N W E s LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS- COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE N00'07'06"E ALONG THE SAID CENTER OF SECTION LINE 2630.33' TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CENTER OF SECTION LINE, N00'07'06"E, 51.53 FEET; TO A POINT ON THE SOUTH RIGHT—OF—WAY OF (SR 84) DAVIS BOULEVARD, THENCE ALONG SAID WGHT—OF—WAY LINE, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT BEING CONCAVE TO THE SOUTH 666.92 FEET, HAVING A RADIUS OF 3224.04 FEET, THROUGH A CENTRAL ANGLE OF 11'51'08" BEING SUBTENDED BY A CHORD WHICH BEARS N82' 10'25"E. FOR 665.73 FEET: THENCE LEAVING SAID RIGHT—OF—WAY LINE S00'17'56"W. 50.04 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, BEING CONCAVE TO THE SOJTH 667.01 FEET, HAVING A RADIUS OF 3174.04 FEET, THROUGH A CENTRAL ANGLE OF 12'02'23" AND BE'NG SUBTENDED, BY A CHORD WHICH BEARS S82'02'41"W. FOR 665.78 FEET; TO THE POINT OF BEGINNING. A PARCEL OF LAND CONTAINING 0.77 ACRES MORE OR LESS CURVL RADIUS LENGTH CHORD BEARING DELTA Cl 6224.{74 666.92' 665.73 N8710'25"E ' 11'51'08" C2 3174.04 667.01 665.78 S82'02'41"W f }2'02'23" F'UIN f OF COMMENCMENT NOTF- CENTER OF SECTION 3, LEGAL DESCRIPTION WAS TOWNSHIP 50 SOUTH, PREPARED FROM A BOUNDARY SURVEY PREPARED BY; RANGE 26 EAST CAROL E. NELSON, PA. LINE `L1 D-ST BEARING 51.53' N00'D7'0b-E L2 50 04' S00' 17'56"W DWG. #3TjOR26 DATED 10-09-06 -- - -- ------ - --._ - ---- L - - - - - - - - - - - - - - - - - - - -- - -- -- ---- January 3, 2007 4 2 PV Q'\70(39\650717.0003 Uy9mt.gve t09;oeerrng"00G1 Generol Conso-!fa4jon\5001170003XC-1_dwq EXHIBIT C-1 r- &9- (71 .t r` PFOJECT NAME: pAriGa iV(3(Sj: PAMMT TRACT FOLIO NO, WARRANTY DEED THIS WARRANTY DEED rrtaclo ttxs day 0 20_ , by, (hef4BMattef €eferre-:J io as `Grantor }. whose pest office box is iADDRESSi to COLUER COUNTY, a po°itt a? subdivision of the State of Fioriria, its successors arxd &`sxjns, wi)0544 post of," awress is 3.301 Tarntam; Trail Eas;. NaVws. Florida, 34112 (here:nafter referred to as 'Grantee') (Wherever used ttereln the terms "Grantor" and "Grantee' htctude all lite parties to this b"trument and their respective heirs. legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in Consideration of the sum of Tart Dollm ($10.00) and other valuable consideration, receipi whereof is hereby aMo ledged, hemby grants, bargaku, sails. aliens, rachises, ruses. conveys and mArms unto the Grantee, al that oertain land situate in Collier County, Florida, to wit: See Attactred FaNM -A- which is lrtcor ail:! herein by relerence. SW*ci to eesernerft maWctions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurt mutces thereto beforKn or In arywise aPPerlialrft TO HAVE AND TO HOLD the same in fee sknple forever. AND the Grantor hereby c.overnants with said Grana that the Grantor is iawfoVy seized of said Wil in fee simple; that ttte Grantor has goad right and lawlul authority to sell and convey said land, that trie Grantor hereby Cully warran:5 the We to said land and wilt defend tte same against she tawfui claims of all persons whornsoevvr: and Via; said Land I-, trot of all en:umtwartres except as noted above IN WETNESS WHEREOF, the said Grantor has signed and seated these presents the day and year first above wrstten. WITNESSES; {Pring �ttlt t+ierrte) (Signature) (Print Full Name) By: (GRANTOR NAME] Od v b EXHIBIT E DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER Mystque fact tee Wger Beginning Balance $3,o .000.00 OATS PERMIT # CREDIT AMT BALANCE COMMENTS !�Ninnino Balance $3,000.000.00 E s ry W ry TRIAD PUD SADDI_EBROOK EAST VILLAGE GATEWAY PUD _ - _ PUD - - DAMS BOULEVARD SR 84 N 11A y I- - W E s CEDAR HAMMOCK PUD CEDAR HAMMOCK PUD WESTPORT COMMERCE CENTER PUD rnuary .3. 2007 1 f2a AM 0:\2005\050117,0003 dy.5 que Engineering\0001 General Cansulwtion\5001T7000.3XAdwa SKETCH & DESCRIPTION THIS IS NOT A SURVEY NORTH QUARTER CORNER, SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST S00'D7 '06 'W 146 59' C1 n 5 ---DAVIS BOULEVARD (SR 84)_ -- N89 34'06"E 652 88 (P) 653.00 (M) LEGAL. DESCRIP'TICIN A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA. COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP SO SOUTH, RANGE 25 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: THE WEST ONE HALF (Wj) OF THE WEST ONE HALF (W21) OF THE NORTHEAST ONE QUARTER (NEI) OF SAID SECTION 3 LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD - STATE ROAD 84; LESS THE FOLLOWING DESCRIBED PARCEL. BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE QUARTER (NEI) OF SAID SECTION 3; THENCE NOO"07'06"E. ALONG THE WEST LINE OF SAID FRACTION 707..03 FEET; THENCE LEAVING SAID FRACTION LINE N89'34'06"E. 652.88 FEET; TO A POINT ON THE FAST LINE OF SAID FRACTION THENCE SOO"17'56"W. 704.31 FEET; TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER (NEJ) OF SAID SECTION 3, THENCE S89'19'38"W. 850.69 FEET; ALONG SA:'D LINE TO THE PAINT OF BEGINNING. CURVE RADIUSLENGTH I CHORD BEARING DELTA G1 3224.04 666.92' j 66573 5821D'25)N 11'51'08" 1: '�\' \ \ \ \ --I Incl l \ NOTE: POINT OF BEGINNING ��o LEGAL DESCRIPTION AS SHOWN CWAS TAKEN FROM A ROUNOARY LESS AND EXCEPT PARCEL r LESS AND EXCEPT\SURVEY PREPARED BY CENTER OF SECTION 3, ' w PARCEL `\ }' CAROL E. NELSON P A. TOWNSHIP 50 SOUTH, Lo o \� \ DWG#3T50R28 RANGE 2fi EAST r, DATED 10--D9-06 o d- - S89"19'38 W653.69------------------ -- `_ "-� ---------- --- -_------ - - - - -- - - - - - January 1, 2007 4.25 Ped 0 ;2005'w0501 17.00 03 W4yst+'gee 'nq,noGriPq'%0001 General Consultation\5001170003XA_ : dwg EXHIBIT A -1 WESTPORT COMMERCE CENTER IT ACCESS PUD /EASEMENT11A.FOR T1Cl CI FUT ORAINAM PC9D mm -mint. rtmi r F7, D�ff PARCEL i CEDAR HAMMOCK PUD MANDATORY 10' REAR YARD SET (EXHIBIT B tAINA6E WENT 'RON OGILEVARD YNR SlE `EDGE oF WATER 'EL ERTY DARY AC) PRESERVE 0.71 At) FUTURE FDOT DRAINAGE POND PARCEL 2 CEDAR HAMMOCK PUD 15' ORAWArR EASEMENT FROM MYSTIQUE OEVEtOPMENT AREA To$OUTHZRN PROPERTY BOUNDARY/DISCHARGE LOCATIOR, 10 EAST GATEWAY PLD is SADDLEGROOX VILLAGE PUD I. TRIAD PUD II WESTPORT COMMERCE CENTER IT ACCESS PUD /EASEMENT11A.FOR T1Cl CI FUT ORAINAM PC9D mm -mint. rtmi r F7, D�ff PARCEL i CEDAR HAMMOCK PUD MANDATORY 10' REAR YARD SET (EXHIBIT B tAINA6E WENT 'RON OGILEVARD YNR SlE `EDGE oF WATER 'EL ERTY DARY AC) PRESERVE 0.71 At) FUTURE FDOT DRAINAGE POND PARCEL 2 CEDAR HAMMOCK PUD 15' ORAWArR EASEMENT FROM MYSTIQUE OEVEtOPMENT AREA To$OUTHZRN PROPERTY BOUNDARY/DISCHARGE LOCATIOR, A=Arll&fl1 t: SKETCH & DESCRIPTION THIS IS NOT A SURVEY - C1 �.r POINT' OF' BEGINNING 0 W3 co N u 0 i� 0 0 0 z — DAVIS BOULEVARD (SR 84) LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTfON 3. TOWNSHIP 50 SOUTH RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 50 SOUTH RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE N0907'06'E ALONG THE SAID CENTER OF SECTION LINE 2630.33' TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CENTER OF SECTION LINE, NOO'07'06"E„ 51.53 FEET; TO A POINT ON THE SOUTH RIGHT—OF--WAY OF (SR 84) DAVIS BOULEVARD., THENCE ALONG SAID RIGHT—OF—WAY LINE, ALDNG THE ARC OF A CIRCULAR CURVE TO THE RIGHT BEING CONCAVE TO THE SOUTH 665 92 FEET, HAVING A RADIUS OF 3224.04 FEET, THROUGH A CENTRAL ANGLE OF 11'51'08' BEING SUBTENDED BY A CHORD WHICH BEARS N82'10'25"E_ FOR 665,73 FEET; THENCE LEAVING SAID RIGHT—OF—WAY LINE SOD -17'56"W. 50.04 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, BEING CONCAVE TO THE SOUTH 667,01 FEET, HAVING A RADIUS OF 3174.04 FEET. THROUGH A CENTRAL ANGLE OF 12"02'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS S82'02'41"W.. FOR 66578 FEET; TO THE POINT OF BEGINNING A PARCEL OF LAND CONTAINING 0.77 ACRES MORE OR LESS CURVE RADIUS LENGTH CHORD BEARING DELTA C1 3224.04 666.92' 665.73 N82'10'25'.E 11'51'08" C2 3174,04' 667.01' 655 78 S82'D2'41"W 112'0223" .... POINT OF COMMENCMENT'i NOTE: LINE 01ST. BEARING CENTER OF SECTION 3, LEGAL DESCRIPTION WAS TOWNSHIP 60 SOUTH, PREPARED FROM A BOUNDARY L1 51.53' NDO'D7'06"E RANGE 26 EAST SURVEY PREPARED BY; L2 50.04' SDD'17'Ss"w � CAROL E. NELSON P.A. DWG. #3T5UR26 DATED 10-09--06 ----------------------------------------- - - - - -- -- - Jor�ory 3 2007 428 PM. 0.\2005 050'77000.3 fAysr:que Er9in2erin9\0001 Gensra7 Corsiitavon15007170003XC—l..dwg EXHIBIT C-1 EXHIBIT 6 AERIAL WITH SITE PLAN AND ADJACENT OFF-SITE CONSERVATION AREAS EXHIBIT 7 WETLAND IMPACT MAP A,., SCALE: 1" = 200' P/L LEGEND: SFWMD WETLAND IMPACT (12.72 Ac.±) ®SFWMD "OTHER SURFACE WATERS" IMPACT (0.07 Ac.±) V SURVEYED WETLAND LINE FLUCFCS CODES WETLAND IMPACT OSW IMPACT TOTAL 4241 1.34 Ac.± - 1.34Ac.± 6259 E2 7.87 Ac.± - 7.87 Ac.± 6259 E4 2.96 Ac.± - 2.96 Ac.± 7401 0.55 Ac.± - 0.55 Ac.± 742 0.07 Ac.± 0.07 Ac.± TOTAL 12.72 Ac.± 0.07 Ac. --t 12.79 Ac.± EXHIBIT 7. WETLAND IMPACT MAP VINCENT ACRES NOTES 7401 (0.55 Ac.±) SITE PLAN PER RWA ENGINEERING, INC. DRAWING No. 00 0501170300 CONCEPT PLAN B DATED OCTOBER 19, 2015. FLUCFCS LINES ESTIMATED FROM 1"=200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999). SURVEYED WETLAND LINES PER RWA, INC. DRAWING NO. 5001170003X04.DWG DATED FEBRUARY 22, 2007. UPLAND/WETLAND LIMITS HAVE BEEN REVIEWED AND APPROVED BY THE SFWMD ON JANUARY 26, 2007. D.B. 10/21/15PASSARELLA EV[EWED BY DATE DATE B.B. 10/21/15 "-c-nm& ASSOCIATES"EVISED DATE2 T.S. 11/12/15 DEVIATION JUSTIFICATIONS Vincent Acres Residential Planned Unit Development Deviation #1 seeks relief from LDC Section 6.06.0l.N, "Street System Requirements," which requires minimum local street right-of-way width of 60 feet, to allow for a 50 -foot right-of-way minimum width for the private streets. Minimum right-of-way width of 50 feet is requested for local streets within the Vincent Acres RPUD. This deviation is justified because of the size and the small-scale neighborhood character of this project. A 50 foot right-of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50 foot right-of-way accomplishes traffic calming to provide a safer transportation system within the neighborhood. Deviation #2 seeks relief from LDC Section 5.06.02.B.5, "On -Premises Directional Signs," which requires on -premises directional signs to be setback a minimum of 10 feet from edge of roadway, paved surface or back of curb, to allow a minimum setback of 5 feet from the edge of private roadway/drive aisle. This deviation will allow locational flexibility for directional signage internal to the RPUD. A unified design theme will be utilized for all signage throughout the community, thereby ensuring a cohesive appearance and increased aesthetic appeal. All directional signage will meet the Clear sight Distance requirements in accordance with LDC Section 6.06.05. Deviation #3 seeks relief from LDC Section 4.06.05.D.2, "Trees and Palms", which requires that palms may be substituted for up to 30% of required canopy trees to allow for palms to be substituted for up to 50% of required canopy trees used to satisfy individual residential lot requirements (of LDC section 4.06.05.A.1). See Exhibit G, "Street Tree Plan." On November 19, 2015, Keisha Westbrook and Ashley Caserta of RWA had a meeting with Dan Smith and Nancy Gundlach at the County offices, along with the Client. Ashley asked staff about a street tree program for Vincent Acres. Currently the plans are showing an 8 foot planting area in the ROW between the back of sidewalk and the utility easement. The water main will likely be located under the sidewalk, and the street trees need to be planted 7.5 feet from the water main. That puts the tree on the edge of the planting area, near the utility easement. Dan proposed allowing up to 50% of the plantings in this area to be palms because of their smaller root system that would be less likely to impact the utilities and water main. The goal is the take the tree off of the individual lots and into the ROW. Having a street tree program will allow the sidewalk and street to be shaded by trees, and will still account for the one tree per residential lot requirement, with the tree being located in the ROW and not on the individual lots. The community will benefit from the tree -lined sidewalks and streets that will further enhance the walkability of the neighborhood and will allow for the trees to be maintained by the HOA. Staff agreed that a street tree program illustration should be included. See Exhibit G in the PUD document. Page 1 of 2 2/16/2016 revision Vincent Acres RPUD RWA File 050117.03.02 PUDZ-PL20150001945 DEVIATION JUSTIFICATIONS Vincent Acres Residential Planned Unit Development Deviation #4 seeks relief from LDC Section 5.03.02.C, "Fences and Walls" which permits a maximum wall height of 6 feet in residential components of a PUD, to allow a maximum wall height of 8 feet along Davis Boulevard, and allow a 10 -foot wall/berm combination along Davis Boulevard. The berm portion of the 10 -foot wall/berm shall be a minimum of 2 feet in height. The proposed deviation will allow for additional visual screening and noise attenuation from the significant traffic along Davis Boulevard. Approval of this deviation will serve to promote public health, safety and welfare, as well as enhance the aesthetic appeal of the proposed community and general area. Deviation #5 seeks relief from LDC Section 6.06.02.A, "Sidewalks, Bike Lane and Pathway Requirements", which requires construction of a 5 -foot wide sidewalk on both sides of local streets to allow the Alternative Sidewalk Plan. See Exhibit H, "Alternative Sidewalk Plan." An alternative sidewalk plan is proposed for this project to create the pedestrian friendly neighborhood design. The project will have a sidewalk network that connects all of the units with several nearby open green spaces. Additionally, a loop sidewalk that will surround the pond for a pedestrian amenity is proposed. Sidewalks will be provided on one side of the loop road. Approximately 6,670 linear feet of sidewalk are depicted on the Alternative Sidewalk Plan, including the pond loop and sidewalks through the central green space. If the sidewalk is included around the main loop road, and omitted from around the pond, the linear feet would be approximately 7,560, or 890 linear feet less. Although there will be less linear feet of sidewalk, the neighborhood sidewalk network will be complete and keeps pedestrians internal to the project and near open green/pond space as opposed to walking on the outside of the loop road. Habitat for Humanity of Collier County desires to promote activity and interaction internal to the project by creating a vibrant pedestrian/social/community realm that is separate from the vehicular use areas. A higher degree of connection and potential for activity will be achieved with this alternative plan that is safer for pedestrians. The Alternative Sidewalk Plan provides a comprehensive interconnected network which allows residents to safely and easily get to and from and given points within the community. Coupled with the Street Tree Program, the Alternative Sidewalk Plan provides increased aesthetics and mobility. See Exhibit HAlternative Sidewalk Plan, which depicts the sidewalk network within the development. Page 2 of 2 2/16/2016 revision Vincent Acres RPUD RWA File 050117.03.02 PUDZ-PL20150001945 TRACT C-2 (CONSERVATION) F9 o DRAINAGE INLET � (TYPICAL) U i MARKET CENTER PLAT BOOK 41. PAGE 60 LEGEND C = CHORD LENGTH 0 - SET 5/8" IRON PIN WITH CAP C.B.S. = CONCRETE BLOCK AND STUCCO O - FOUND IRON PIN WITH CAP CB = CHORD BEARING — - SIGN GONG. = CONCRETE FD. = FOUND [e] - CABLE TELEVISION SERVICE BOX L = ARC LENGTH = COMMUNICATION HAND HOLE LB = LICENSED BUSINESS = IRRIGATION VAVLE MON. = MONUMENT ❑o = POWER HAND HOLE OR = OFFICIAL RECORDS BOOK TJD MAW PB = PLAT BOOK = METAL LIGHT POLE PG = PAGE = SANITARY SEWER MANHOLE PK = PARKER KALON REVISION DRAWN: R = RADIUS = CURB INLET R/W = RIGHT-OF-WAY O = DRAINAGE MANHOLE W/ = WITH i = FIRE HYDRANT 0 = DELTA ANGLE A = WATER VALVE January 28, 2016 9:54 AM K.\2005\050117.03.02 Vincent Acres RPUD & ERP\0003 Boundary Survey Update\REV01\050117 03 02 0003 BS.dwg DRAINAGE INLET (TYPICAL) [KiP►[y»I�fl�l U DESCRIPTION (AS TAKEN FROM TITLE CERTIFICATION) A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 3, NORTH 89 DEGREES 43 MINUTES 32 SECONDS WEST FOR 1978.57 FEET, THENCE LEAVING SAID NORTH LINE SOUTH 00 DEGREES 16 MINUTES 31 SECONDS WEST FOR 102.49 FEET TO A POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 60 THROUGH 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE WEST LINE OF SAID MARKET CENTER, SOUTH 00 DEGREES 16 MINUTES 31 SECONDS WEST FOR 1145.18 FEET; THENCE LEAVING THE WEST LINE OF SAID MARKET CENTER, SOUTH 89 DEGREES 36 MINUTES 18 SECONDS WEST FOR 655.61 FEET TO THE EAST LINE OF TRACT C2, CEDAR HAMMOCK PLAT, AS RECORDED IN PLAT BOOK 32, PAGES 91 THROUGH 108, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST TRACT LINE, NORTH 00 DEGREES 06 MINUTES 06 SECONDS EAST FOR 1057.37 FEET TO AN INTERSECTION WITH A NON-TANGENTIAL CURVE; THENCE EASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, A DISTANCE OF 666.88 FEET, HAVING A RADIUS OF 3,174.04 FEET, THROUGH A CENTRAL ANGLE OF 12 DEGREES 02 MINUTES 17 SECONDS AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 82 DEGREES 01 MINUTE 43 SECONDS EAST FOR 665.65 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONCRETE CURB 0 0 z z a N �I m _ N V DEED TO COLLIER a COUNTY FOR Co RIGHT—OF—WAY OR 4360, PG 2642 POINT OF COMMENCEMENT NE CORNER OF SECTION 3 ED. 5/8" IRON PIN (NO CAP) COLLIER BOULEVARD A.K.A. C.R. 951. COUNTY CANAL R/W NORTH 1/4 CORNER OF SECTION 3 0 25 50 100 1 "-50' NOTES: 1. THIS PLAT OF SURVEY WAS PREPARED AS A BOUNDARY SURVEY. 2. DATE OF LAST FIELDWORK: DECEMBER 15, 2014. 3. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83, 2011 ADJUSTMENT) WHEREIN THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST BEARS NORTH 89°43'32" WEST. 4. THIS SURVEY DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. 5. DIMENSIONS AND ELEVATIONS ARE IN FEET AND DECIMAL PARTS THEREOF. UNLESS A DIRECT COMPARISON IS MADE, MEASURED BEARINGS AND DISTANCES ARE IDENTICAL WITH PLAT OR RECORD VALUES. 6. SURVEYED PARCEL IS IN F.E.M.A. FLOOD ZONE "AE" (EL. 11') AS SHOWN ON THE NATIONAL FLOOD INSURANCE PROGRAM'S DIGITAL FLOOD INSURANCE RATE MAP (D.F.I.R.M.) MAP NUMBER 12021CO414H EFFECTIVE DATE: 5/16/2012. 7. ELEVATIONS SHOWN HEREON ARE IN FEET AND IN THE NORTH AMERICAN VERTICAL DATUM OF 1988. 8. NO ENVIRONMENTAL ASSESSMENT OR AUDIT WAS PERFORMED ON THE SURVEYED PARCEL BY THIS FIRM. 9. THIS SURVEY IS NOT INTENDED TO DELINEATE OR DEFINE ANY WETLANDS, ENVIRONMENTALLY SENSITIVE AREAS, WILDLIFE HABITATS OR JURISDICTIONAL LINES OF ANY FEDERAL, STATE, REGIONAL OR LOCAL AGENCY, BOARD, COMMISSION OR OTHER ENTITY. 10, THIS SURVEY DOES NOT DETERMINE PROPERTY OWNERSHIP OR PROPERTY RIGHTS. THIS SURVEY LOCATED THE BOUNDARY IN ACCORDANCE WITH AND IN RELATION TO THE LEGAL DESCRIPTION. 11, SURVEYED PARCEL CONTAINS 731,572 SQUARE FEET OR 16.79 ACRES, MORE OR LESS. 12, PARCEL INFORMATION SHOWN HEREON WERE TAKEN FROM 2014 COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEM. 13. THIS SURVEY IS FOR THE EXCLUSIVE USE OF THE PARTY(IES) IT WAS ORIGINALLY PREPARED FOR, AS DEPICTED HEREON, AND IS NOT TRANSFERABLE. ADDITIONS OR DELETIONS TO THIS SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY. 14. THE OWNERSHIP OF FENCES IS UNKNOWN, UNLESS OTHERWISE NOTED. 15. ONLY THOSE SURFACE AND AERIAL IMPROVEMENTS, AS DEPICTED HEREON, HAVE BEEN FIELD LOCATED. SUBSURFACE IMPROVEMENTS, IF ANY, HAVE NOT BEEN LOCATED. BUILDING FOUNDATIONS BENEATH THE SURFACE WERE NOT LOCATED UNLESS OTHERWISE NOTED. 16. THE LEGAL DESCRIPTION USED TO PERFORM THIS SURVEY WAS PROVIDED BY OTHERS, UNLESS OTHERWISE NOTED. 17, SURVEY WAS MADE WITH THE REVIEW OF TITLE CERTIFICATION PREPARED BY ATTORNEYS' TITLE FUND SERVICES, LLC., FUND FILE NUMBER 64-2014-109967, AGENT'S FILE REFERENCE: VINCENT ACRES, EFFECTIVE DATE OF SEARCH: OCTOBER 15, 2014 AT 1 1 :OOPM. 18. THE FOLLOWING ARE ITEMS AS LISTED IN THE TITLE CERTIFICATION IN THE NOTE ABOVE: 1. EASEMENT CONTAINED IN THE EASEMENT AGREEMENT RECORDED IN O.R. BOOK 4353. PAGE 445. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. PORTER, WRIGHT, MORRIS & ARTHUR, L.L.P. THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIMOTHY J. DEVRIES PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 6758 DATE SIGNED: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. NAME DATE 6610 Willow Park Drive, suite 200 WANaples, Florida 34109 Phone: (239) 597-0575 Fax: (239) 597-0578 ENGINEERING LB No. 6952 DATE: 12/15/14 CLIENT: HABITAT FOR R HUMANITY 0� COLLIER E R C 0 U U TY PROJECT: VINCENT ACRE S FIELD: HORIZ. SCALE: 1 °'=50' DRAWN: TJD 12/02/14E VERT. SCALE: VERTICAL SCALE TITLE: \ / BOUNDARY SURVEY 1 RE -LABELED RADIO ROAD TO RADIO LANE TJD MAW 01/28/16 CROSS REFERENCE: ZC301 PG. 7; Z2-243 PG. 40; Z1-206 PG. 62-65 Z2-244 PG. 4-5; Z5-225, PG. 52-53 PROJECT NO.: 0501 1 7.03.02 SHEET NUMBER: 1 OF 1 FILE NO.: 151117 01 0J0001 CHECKED: MAW 1 2/03/1 4 SEC: TWP: RGE: 3 50 26 REV # REVISION DRAWN: CHECKED: DATE DEVELOPER AGREEMENT MYSTIQUE THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this od a of 1"Vwg!:y , 2007, by and between WATERWAYS JOINT VENTURE VII (hereinafter referred to at s the "Developer"), with an address at 14627 Collier Boulevard, Naples, Florida 34120, and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended. Q RECITALS: Pq WHEREAS, Developer is the owner of approximately 30.56 acres of land in unincorporated Collier County, Florida, located on the south side of Davis Blvd. near its intersection with Collier a Blvd., which will be residentially developed (hereinafter referred to as the "Development"). A legal description of the Development, together with a graphic rendering, is attached as Exhibit A; and o WHEREAS, the Florida Department of Transportation ("FDOT"), as part of the Davis Blvd. N expansion project, has identified a 10 -acre portion of the Development as a pond site, together with 0= PQ the necessary easement to access the pond, and an easement for conveyance from Davis Blvd. to the opond site, which pond is necessary for the attenuation of storm water off of the expanded Davis " Q Blvd. A legal description and graphic rendering of this pond site and easement (hereinafter referred A to as the "Pond Parcel") is attached as Exhibit B; and � a WHEREAS, Developer had intended the Pond Parcel to be utilized for both future o development and native vegetation preserve pursuant to the County's LDC, and for wetland preserve t.J P credit through the Environmental Resource Permit process with the South Florida Water 4 Management District, and Section 404, Clean Water Act permitting with the U.S. Army Corps of rL -- Engineers; and WHEREAS, to preserve the Davis Blvd. road project, and to reduce costs of future tag condemnation, when the presently undeveloped Pond Parcel would be developed, County has a offered to purchase the Pond Parcel for the sum of $3,000,000 in impact fee credits, consistent with the County's right-of-way purchase policy; and x WHEREAS, Developer is willing to convey to the County the Pond Parcel for the sum of $3,000,000 in impact fee credits, provided that the Developer by doing so will not be in violation of Po Pq any County ordinance or regulation with respect to the Development not having sufficient preserve H area and other requirements or violation as a result of the conveyance; and WHEREAS, the County acknowledges that by conveying the Pond Parcel to the County, a� C E — a' ' ' County shall not require the Developer to provide any native vegetation preserve on the remaining 20+/- parcel; and WHEREAS, Developer is willing to freely donate, at no cost to the County, a 50 -foot strip of land adjacent to Davis Blvd. for use in the Davis Blvd, expansion project. A legal description and graphic rendering of this right-of-way strip (hereinafter the "ROW Parcel") is attached as Exhibit C; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth -necessitated capital improvements c and additions to the County's transportation system; and C. The Proposed Plan is consistent with both the public interest and with the CZ) comprehensive plan, including the most recently adopted five-year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. On or before December 15, 2007, the Developer shall convey to the County both the Pond Parcel (with appropriate easements for access and maintenance) and the ROW Parcel. Both Parcels will be conveyed to the County in fee simple, free and clear of all liens and encumbrances, made by executed Warranty Deeds provided to the Office of the County Attorney, suitable for recording, the general form of which is attached hereto as Exhibit D. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the Warranty Deeds in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to 14 Page 2of8 OR: 4187 PG: 2312 County as liquidated damages the sum of $1,000 per day for each day past the deadline that the Warranty Deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. Notwithstanding anything to the contrary, County shall have the right, in its sole discretion, to elect not to acquire the Pond Site, by giving Developer written notice of such election no later than December 14, 2007. All provisions of this Agreement shall survive closing and be enforceable by the County and Developer and their successors and assigns. 3. The Pond Parcel is being acquired for public use, in lieu of future condemnation. Accordingly, except with respect to preserve requirements, it is expressly agreed that the provisions of LDC §1.04.04.B (Ordinance No. 2006-07) shall apply to this Development and subsequent set- back for accessory structures shall be no less than 10 feet as shown on Exhibit B. With respect to preserve requirements, any preserve areas proposed by the Developer located in the Pond Parcel shall be mitigated off-site by the County within 1 year from the conveyance of the Pond Parcel to the County. A minimum of 7.3 acres and up to the full 10 acres, if required by South Florida Water Management District, will be mitigated for on a 1:1 basis with like for like habitat through the Conservation Collier or similar program. Following the acquisition, no further native preserve pursuant to the LDC shall be required on the remaining parcel. The Developer will be responsible for any mitigation for any listed species and wetlands impacts mitigation required by any permitting agencies on the northern remaining parcel. Any additional wetlands mitigation resulting from the conveyance of the Pond Parcel shall be the responsibility of the County. 4. Developer shall receive, at closing, as full compensation for the Pond Parcel and easements, the sum of $3,000,000 in Road Impact Fee credits which, consistent with the Collier County Consolidated Impact Fee Ordinance, may be used by the Developer and any related joint venture party in the impact fee district of the Pond Parcel, and all adjacent impact fee districts. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement is attached as Exhibit E. These Road Impact Fee credits may be assigned at any time to any another development within the same or an adjacent impact fee district provided that all parties to this assignment of impact fee credits comply with all then -current rules and procedures of the Collier County Impact Fee Administration section, and execute all then -current County approved assignment forms. 5. Developer hereby grants County an option to purchase up to an additional three acres adjacent to the Pond Parcel. This additional acreage contains the footprint for approximately 40 dwelling units. The purchase price for exercising the full 3 acre option shall be $2,000,000, or $666,666.67 per acquired acre. Should the County exercise its option to purchase less than 3 acres, the purchase price shall be calculated to equal the acquired land valued at $666,666.67 per acre. If exercised, the County shall use its best efforts to acquire a generally rectangular parcel. This option to purchase shall be exercised by County giving Developer written notice of such election no later than December 14, 2007. In no event may this option reduce the Development to less than 160 dwelling units. Should County exercise this option, the conveyance of this additional acreage to County shall be conducted in the same manner as set forth in Paragraph 2 above, except that payment for this additional acreage shall be in cash, and not in impact fee credits. 6. The credit for Road Impact Fees identified herein shall run with the Development and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement Page 3 of 8 OR; 4187 PG. 2313 with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. 7. The County will require an approximate 15-20 foot drainage easement to connect Davis Blvd. to the Pond Parcel and an appropriate 20 -foot wide access easement to maintain the Pond Parcel, which easement must be approved by FDOT. This easement will be identified by the parties and dedicated to the County on or before December 15, 2007. It is anticipated that the likely site for this easement will be along the eastern boundary of the Development. To the extent possible, any required buffers or landscaping that will be within the easement boundary will not be installed until the drainage pipe has been laid along the easement. County or FDOT shall supply Developer with all necessary drainage pipes, fencing, and ancillary structures, which Developer, at its sole cost and expense, will install in the drainage easement during the earlier of the construction of the Development or within a commercially reasonable time following written demand by County or FDOT to meet the Davis Blvd. Expansion Project needs. The parties shall cooperate so that this provision can coincide with the Developer's site work. If for whatever reason Developer is not able to commence this work following such written demand, then County or FDOT, at their sole cost and expense, shall do the installation. County will pay the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. Upon receipt, the County shall record the easement in the Public Records of the County. Except as set forth herein, all costs of recording and conveyance shall be paid by the County. 8. It is anticipated that the Developer will need an approximate 15-20 foot wide drainage easement through the Pond Parcel to connect to its outfall. At Developer's written request, County shall promptly provide the Developer with such an easement through a mutually agreed- upon location. All costs associated with this easement shall be paid by Developer. 9. The County will provide the Developer with the ability to upgrade the fencing between the Pond Parcel and the remaining land at the Developer's expense. 10. The County will use its best efforts to obtain all required permits for the storm water pond to be located on the Pond Parcel to be excavated to a depth of at least 20 feet. In any event, on written notice by County or FDOT, Developer at no charge to County or FDOT will construct the storm water pond, in accordance with all plans and specifications provided to Developer. This provision is intended to coincide with the Developer's site work. As full compensation for this construction, Developer will be entitled to keep the excavated material, and will be allowed to utilize the excavated material within the Development. Developer will be responsible for removing and properly disposing of any excess, unsuitable or otherwise unwanted material excavated from the storm water pond. If for whatever reason Developer is not able to construct the storm water pond following such written demand, then County or FDOT, at their sole cost and expense, shall do the construction, and will keep the excavated material. Page 4 of 8 11. For a period of one year, commencing with the date first above written, sufficient development trips have been approved and reserved through the normal development review process. During this one year period, Developer may permanently reserve roadway capacity for up to 206 residential units. To exercise this right, Developer shall prepay to County one-half (112) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ("Certificate") vesting the Developer's Project to construct up to 206 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements, and unless specifically required by law, the County shall not thereafter withhold the issuance of any Certificate of Occupancy based on the County Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for such units. Payment of these fees vests the Development entitlements for which the Certificate applies on a continuous basis for three (3) b" years unless otherwise relinquished. This initial 50 percent impact fee payment is non- refundable after payment and receipt of the Certificate. per, , 12. Not later than 90 days prior to the expiration of the three-year period for the �. Certificate, the County shall notify Developer via registered mail of the remaining balance due CX>for the estimated transportation impact fees up to 50 percent (50%), based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule a then currently applicable. The Developer may elect to pay the balance of the estimated o transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable. The Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 13. The Developer may terminate this Agreement if the contemplated conveyance of the Pond Parcel significantly impacts the Developer's ability to develop the remaining land consistent with the conceptual development plan as shown in Exhibit `B" because of permitting restrictions resulting from the pending conveyance. Should Developer so terminate this Agreement, and should Collier County or any other government agency in the future, including but not limited to FDOT, seek to acquire the Pond Parcel through eminent domain proceedings as party of a road project, Developer will accept the sum of $3,000,000 as compensation for the Pond Parcel. The Developer v� Page 5 of 8 reserves the right to make a claim for severance damages to the remainder parcel resulting from such condemnation. This provision shall survive any termination of this Agreement by Developer. 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Developer may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. CW-) 16. Developer acknowledges that the failure of this Agreement to address any permit, `v condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said P" permitting requirements, conditions, terms or restrictions. � 17. In the event state or federal laws are enacted after the execution of this Agreement, C -.P which are applicable to and preclude in whole or in part the parties' compliance with the terms of a this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 18. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: Harmon Turner Building Naples, Florida 34112 Attn: Norman E. Feder, A.I.C.P. Transportation Division Administrator Phone: (239) 774-8872 Facsimile: (239) 774-9370 Waterways Joint Venture V11- Attn: Richard Davenport 15122 Summit Place Circle Naples, Florida 34120 Phone: (239) 352-6610 Facsimile: (239) 352-1460 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 19. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into Page 6of8 this Agreement. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 20. In the event of a dispute under this Agreement, the parties shall first use the County's then -current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 21. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years CV -3 from the completion of the Development. N 6 22. An annual review and audit of performance under this Agreement shall be performed ' by the County to determine whether or not there has been demonstrated good faith compliance with o the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this o Agreement, the Agreement may be revoked or unilaterally modified by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: rye DWIGHT Ee B�,OCK,'Clcrk Att s ;i+• 11`1! eputy Clerk s ipatwrt get AS TO DEVELOPER: Signed, sealed and delivered in the presence of: _ 1 J��r�nit�_ 1-1 • �O�I�.S Printed Name Ai'1Q 1 _ Gonzc Printed Name Waterways Joint Venture VII By: Waterways at Hibiscus, Ltd. Partner and by Waterways Develop ent, In as sole General Partner By: Richard bavenport, as President of Waterways Development, Inc. Page 7 of 8 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 2D day of F Yu , 2007, by Richard Davenport, as President of Waterways Development, Inc., as General Partner df Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture VII, who is personally known to me or has produced as identification. r--- ,--4 CV -1 cv Approved as to form cow aWaItficiency: r~ 00 �r Jef y A. atzkow M ging sistant County Attorney Ty Notary Pull c Print Name: T My Commission Expires: iQ ,,pY p STACEY M. LOFTY Notary Public - State of Flo My Commission Expires Jun 28 Commission # DD 569297:1 "" , Bonded 9y National Notary LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit A Legal description and graphic rendering of Development Exhibit B Legal description and graphic rendering of Pond Parcel Exhibit C Legal description and graphic rendering of ROW Parcel Exhibit D Form of Warranty Deed Exhibit E Impact Fee Credit Ledger Page 8 of 8 coo c� co tet+ a 0 TRIAD PUD SADDLEBROOK EAST VILLAGE GATEWAY _PUD _ _ _ _ PUD _ DWS BOULEVARD (SR 84) _ I PROJECT ®� I SITE �l W ESTPORT COMMERCE CENTER PUD CEDAR HAMMOCK PUD IQnuory .J, 2007 11:28 AM 0:\2005\050117.00.00 Mystique tngmeeringwuu; uenerar ---q EXHIBIT A C)1 .--i M cV 6 Lam. N �f �1 -: SKETCH Inc DESCRIPTION THIS IS NOT A SURVEY NORTH QUARTER CORNER, SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST S00'07'064 146.59' DAVIS BOULEVARD (SR 84) N89'34'06"E 652.88'(P) 653.00'(M) POINT OF BEGINNINGCD o LESS AND EXCEPT PARCEL o LESS AND EXCEPT\ CENTER OF SECTION 3, W PARCEL �\ TOWNSHIP 50 SOUTH, RANGE 26 EAST o 589'19'38"W 651.6\ - ---- -- -- CURVE RADIUS LEGAL DESCRIPTION I BEARING DELTA A TRACT OF LAND SITUATED IN THE STATE OF 1 3224.04 666.92' 1 665.13 FLORIDA. COUNTY OF COLLIER, EYING IN g SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND Q DESCRIBED AS FOLLOWS: THE WEST ONE HALF co (W4) OF THE WEST ONE HALF (W2) OF THE n rn o NORTHEAST ONE QUARTER (NEJ) OF SAID SECTION 3. LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD - STATE ROAD 84; LESS THE FOLLOWING oq u? DESCRIBED PARCEL: BEGINNING AT THF m SOUTHWEST CORNER OF THE NORTHEAST ONE QUARTER (NFj) OF SAID SECTION 3; THENCE NOC'07'06"E. ALONG THE WEST LINE OF SAID Ln FRACTION 707.03 FEET; !n p THENCE LEAVING SA$D FRACTION LINE N89'34'06"E. 652.88 FEET; TO A POINT ON THE o EAST LINE OF SAID FRACTION, o z THENCE SOO' 17'56"W. 704.31 FEET; TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE QUARTER (NE4) OF SAID SECTION 3, THENCE S89'"9'38"W. 650.69 FEET; ALONG SAID UNE TO THE POINT OF BEGINNING. N89'34'06"E 652.88'(P) 653.00'(M) POINT OF BEGINNINGCD o LESS AND EXCEPT PARCEL o LESS AND EXCEPT\ CENTER OF SECTION 3, W PARCEL �\ TOWNSHIP 50 SOUTH, RANGE 26 EAST o 589'19'38"W 651.6\ - ---- -- -- CURVE RADIUS I I FNGTH CHORD I BEARING DELTA Cl 1 3224.04 666.92' 1 665.13 58710'75) 11'51'08" NOTE: LEGAL DESCRIPTION AS SHOWN WAS TAKEN FROM A 13GUNDARY SURVEY PREPARED BY CAROL E. NELSON, P.A- DWG. #3T5DR26 DATED 10-09-06 ,;unwary J. 7007 4-Z5 rM1F 9.\20U5`,0`J'1 7.000.3 VystiGee �ng,neenrgk000I General Consuftotion\500II70003XA. uwq EXHIBIT A -1 p i EAST GATEWAY PJD �I I ISI I IQI �1 SADDLEBROOK VILLAGE PUD TRIAD PUD WESTPORT COMMERCE CENTER PUD OR; 4187 PG, 2320 70' ACCESS EASEMENT 'OR MAINYL:NANCE OF FDDT D;WMAGE PGD L-1 1S'DRAINACE A C��... lul{4Ft1(1Ci..a l�Ctl g� _ E SEMENT FRON --�w..— —�.— —— -_-- _ _,� - �Tv�+� ` DAMS 60uLEVARD .swiv.--t — _ T_ — to POND SITE PARCEL 1 LLI Vii' MA.Np ATORY 10' PEAR YARD SETBACK CEDAR HAMMOCK PUO EXHIBIT B EDGE OF WATER POND PARCEL PROPERTY BOUNDARY (10.0 Ac) PRESERVE (1.71 AC) FUTURE FDDT DRAINAGE POND PARCEL 2 1 j 15' DRANACF. FASEMENT FROM MYST4JE DFVELOPMENT AREA TO SCUTHERN PROPERTY BOONOARY/D'SChARGE LOCAT,CIN CEDAR HAMMOCK PUD N W E 5 DAVIS BOULEVARD (SR 84) 50' ROW PARCEL o v I ` J January 3. 2G07 9.44 AM p,\2oo5\0501i700.03 Mystique Engineering\0001 General Consultation\ 50071 7000JXC.dwg E 11 IBff C POINT OF B SKETCH & DESCRIPTION THIS IS NOT A SURVEY DAVIS BOULEVARD (SR 84) N W E s LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS- COMMENCING AT THE CENTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE N00'07'06"E ALONG THE SAID CENTER OF SECTION LINE 2630.33' TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CENTER OF SECTION LINE, N00'07'06"E, 51.53 FEET; TO A POINT ON THE SOUTH RIGHT—OF—WAY OF (SR 84) DAVIS BOULEVARD, THENCE ALONG SAID WGHT—OF—WAY LINE, ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT BEING CONCAVE TO THE SOUTH 666.92 FEET, HAVING A RADIUS OF 3224.04 FEET, THROUGH A CENTRAL ANGLE OF 11'51'08" BEING SUBTENDED BY A CHORD WHICH BEARS N82' 10'25"E. FOR 665.73 FEET: THENCE LEAVING SAID RIGHT—OF—WAY LINE S00'17'56"W. 50.04 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, BEING CONCAVE TO THE SOJTH 667.01 FEET, HAVING A RADIUS OF 3174.04 FEET, THROUGH A CENTRAL ANGLE OF 12'02'23" AND BE'NG SUBTENDED, BY A CHORD WHICH BEARS S82'02'41"W. FOR 665.78 FEET; TO THE POINT OF BEGINNING. A PARCEL OF LAND CONTAINING 0.77 ACRES MORE OR LESS CURVL RADIUS LENGTH CHORD BEARING DELTA Cl 6224.{74 666.92' 665.73 N8710'25"E ' 11'51'08" C2 3174.04 667.01 665.78 S82'02'41"W f }2'02'23" F'UIN f OF COMMENCMENT NOTF- CENTER OF SECTION 3, LEGAL DESCRIPTION WAS TOWNSHIP 50 SOUTH, PREPARED FROM A BOUNDARY SURVEY PREPARED BY; RANGE 26 EAST CAROL E. NELSON, PA. LINE `L1 D-ST BEARING 51.53' N00'D7'0b-E L2 50 04' S00' 17'56"W DWG. #3TjOR26 DATED 10-09-06 -- - -- ------ - --._ - ---- L - - - - - - - - - - - - - - - - - - - -- - -- -- ---- January 3, 2007 4 2 PV Q'\70(39\650717.0003 Uy9mt.gve t09;oeerrng"00G1 Generol Conso-!fa4jon\5001170003XC-1_dwq EXHIBIT C-1 r- &9- (71 .t r` PFOJECT NAME: pAriGa iV(3(Sj: PAMMT TRACT FOLIO NO, WARRANTY DEED THIS WARRANTY DEED rrtaclo ttxs day 0 20_ , by, (hef4BMattef €eferre-:J io as `Grantor }. whose pest office box is iADDRESSi to COLUER COUNTY, a po°itt a? subdivision of the State of Fioriria, its successors arxd &`sxjns, wi)0544 post of," awress is 3.301 Tarntam; Trail Eas;. NaVws. Florida, 34112 (here:nafter referred to as 'Grantee') (Wherever used ttereln the terms "Grantor" and "Grantee' htctude all lite parties to this b"trument and their respective heirs. legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in Consideration of the sum of Tart Dollm ($10.00) and other valuable consideration, receipi whereof is hereby aMo ledged, hemby grants, bargaku, sails. aliens, rachises, ruses. conveys and mArms unto the Grantee, al that oertain land situate in Collier County, Florida, to wit: See Attactred FaNM -A- which is lrtcor ail:! herein by relerence. SW*ci to eesernerft maWctions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurt mutces thereto beforKn or In arywise aPPerlialrft TO HAVE AND TO HOLD the same in fee sknple forever. AND the Grantor hereby c.overnants with said Grana that the Grantor is iawfoVy seized of said Wil in fee simple; that ttte Grantor has goad right and lawlul authority to sell and convey said land, that trie Grantor hereby Cully warran:5 the We to said land and wilt defend tte same against she tawfui claims of all persons whornsoevvr: and Via; said Land I-, trot of all en:umtwartres except as noted above IN WETNESS WHEREOF, the said Grantor has signed and seated these presents the day and year first above wrstten. WITNESSES; {Pring �ttlt t+ierrte) (Signature) (Print Full Name) By: (GRANTOR NAME] Od v b EXHIBIT E DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE CREDIT LEDGER Mystque fact tee Wger Beginning Balance $3,o .000.00 OATS PERMIT # CREDIT AMT BALANCE COMMENTS !�Ninnino Balance $3,000.000.00 E s ry W ry FIRST AMENDMENT TO DEVELOPER AGREEMENT MYSTIQUE THIS FIRST AMENDMENT TO DEVELOPER AGREEMENT Mystique ("First Amendment"), is made and entered into this _ day of March, 2008 (the "First Amendment Effective Date"), by and between Waterways Joint Venture VII (hereinafter referred to as "Developer', whose address is 15013 Summit Place Circle, Naples, FL 34119, and Collier County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as RECITALS: WHEREAS, Developer and County entered into the Developer Agreement dated February 20, 2007, recorded in Official Records Book 4187, Pages 2310-2324, in the Official Records of Collier County, Florida ("DCA"); and m y r w WHEREAS, capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the DCA; and SLR CoU a Ijj'� o t WHEREAS, the DCA anti atm acquisition tie' pd Parcel by the County; and '—' WHEREAS, the DCA pfovi ed-thc-C'ounwit4,an optt n t acquire an additional three c� acre portion of the Developmbitt 5djal" n ond Parcel ( edditional Pond Parcel"), n. S .Z subject to certain requirements as 0o c I c o m WHEREAS, in order of e Q a County has deemed it appropriate to exercise the Op iptt o acquire a Additt al P nd;and J o aWHEREAS, the Develo ntitled to terminal o� , �Y" the acquisition of the Pond o Parcel were determined to signifi act the Develo tlity to develop the remaining land (the "Remaining Land") consis elopment plan shown on Exhibit o L "B" of the DCA the "Conceptual Plan �n .r (rtting restrictions resulting from the � s e conveyance of the Pond Parcel; and o� oe WHEREAS, it appears that the Developer's ability to develop the remaining land as e aforesaid would be negatively impacted unless, among other things, it agrees to incur mitigation expense in excess of that which it would have incurred but for the conveyance of the Pond Parcel (the "Excess Mitigation Obligation'; WHEREAS, under the DCA, the County is responsible to the Developer for the Excess m Mitigation Obligation; WHEREAS, the exact amount necessary to satisfy the Excess Mitigation Obligation is o Utot presently ascertainable; and ..gym 6' U ti m Page 1 of 4 I AL WHEREAS, the impact upon the Conceptual Plan as a result of the conveyance of the Pond Parcel is not presently ascertainable; and WHEREAS, the County and the Developer believe it is in their mutual best interests to modify the DCA so as to identify the exposure of the County as to the Excess Mitigation Obligation so that acquisition by the County of the Pond Parcel and the Additional Pond Parcel can proceed without delay and without impact upon the commencement of construction of the Davis Road widening; and WHEREAS, after reasoned consideration by the Board of County Commissioners (the "Board") as the governing body of the County, the Board finds that the terms and conditions set forth below are consistent with both the public interest and with the County's Comprehensive Plan and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged among",and in consideration of the covenants contained herein, the parties agree as f l wk:1 K t 0 } rrJJ 1. All of the abov '� ALS are true and�6ne t and are hereby expressly incorporated herein by referenc as ji pspt fortlrfull �elgra . 2. Paragraph 2 Pond Parcel by the Develc before June 15, 2008. In c waived its right to elect not of liens, encumbrances and 3. Paragraph 7 of the=amended by easement described therein from ornbe Paragraph 13 of the DCA is for conveyance of the ber 15, 2007 to on or atowledges that it has .r can convey title free ;the date for conveyance of the to on or before June 15, 2008. adding the following paragraph thereto. "The Developer hereby waives its right to terminate this Agreement in consideration of the agreement of the County to pay to the Developer the Excess Mitigation Costs (as hereinafter defined). For the purposes hereof, the Excess Mitigation Costs shall be the actual amount expended by the Developer in connection with the satisfaction by the Developer of the Excess Mitigation Obligation, provided that in no event shall the amount payable by the County on account of the Excess Mitigation Obligation exceed Five Hundred Thousand Dollars ($500,000.00). At such time as the Excess Mitigation Costs are finally ascertained by the Developer, the Developer shall provide the County with notice of same (the "Excess Mitigation Cost Notice"), which Excess Mitigation Notice shall include a detailed breakdown of each and every component of the Excess Mitigation Cost. Upon receipt of the Excess Mitigation Cost Notice, the County shall have the right verify the accuracy of same, and unless the County notifies the Developer that it disputes the amount of the Excess Mitigation Costs within fifteen Page 2 of 4 t\ Co C`j --�V 31 (15) days after receipt of the Excess Mitigation Cost Notice, it shall be conclusively presumed that the County agrees to the amount of the Excess Mitigation Costs as set forth in the Excess Mitigation Cost Notice. Any dispute between the County and the Developer as to the Excess Mitigation Cost shall be resolved in the manner provided as part of paragraph 20 of the DCA. The County shall have the obligation to pay the amount of the Excess Mitigation Costs to the Developer within thirty (30) days after the date that same is determined final pursuant to the terms hereof." 5. Except as modified by this First Amendment, the DCA remains in full force and effect. If there is a conflict between the terms of the First Amendment and the DCA, the terms of the First Amendment shall prevail. 6. The Developer shall execute this First Amendment prior to it being submitted for approval by the Board of County Commissioners. This First Amendment shall be recorded by the County in the Official Records of Collier County, Florida, expeditiously so that the County will have entered into this First Amendment and it shall be been recorded prior to the Closing Date. The Developer shall pay all costs of recording this First Amendment. A copy of the recorded First Amendment will be upon request. (Signatures Appear Next Page) Page 3 of 4 IN WITNESS WHEREOF, the Developer and the County hereto have caused this First Amendment to be executed by their appropriate officials, as of the First Amendment Effective Date. 4tT,.��/a� Attest: • 85�t3g ''`•... DWt� *' Clerk � s x nXeSt ai",6... C4jnMMDgputy Clerk tl9eet�ai;4gl`�- AS TO DEVELOPER: w WITNESSES: d v Prin a 0 Print Name: STATE OF FI COUNTY OF M Waterways Joint Venture VII aterways at Hibiscus, Ltd., as € by Waterways Development, Inc., seneral Partner Inc. The foregoing instrument owl dl ore me this a $ day of 2008 by Richar anir, resident of Waterways Development, Inc., as General Partner of Waterways at Hibiscus, Ltd., which is a Partner of Waterways Joint Venture VII, who is [ ] personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC (SEAL) Name: r d as fa lega//lsufficiency: Chief Assistant Co y (Type or P ' ,,,,,,V�� My Com (Type or p#�ey°'y N:ebo�l PublK Sete of Ronda Dh S Parsons — Mm.-,ss,on DQ532926 V dEu3rZ6�ZV it• Page 4 of 4 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. coil ier¢ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 Pre -Application Meeting Notes Petition Type: PUD Rezone Date and Time: Tuesday, Sept. 15, 2015 Assigned Planner: Nancy Gundlach Engineering Manager (for PPL's and FP's): Project Information Project Name: Vincent Acres RPUD PL #.. 20150001945 ,p Property ID #: 34690040006 Current Zoning: iW V 1 F —( Z Project Address: City: Naples State: FL Zip: Applicant: Habitat for Humanity Agent Name: Patrick Vanesse Phone: 239-597-0575 Agent/Firm Address: 6610 Willow Park Dr. Ci : Naples State: FL Zip: 34109 Property Owner: •f Please provide the following, if applicable: i. Total Acreage: 17+/ - ii. Proposed # of Residential Units: 100 +/- iii. Proposed Commercial Square Footage: N/A iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliersov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 - A&1141- QA- 261W C,9Zfvi4z4&XS' ICA CoiLier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre-Applicati n Meeting and Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary �� ❑ f ❑ Completed Application with required attachments 1 ❑ ❑ Pre -application meeting notes ❑ ❑ Affidavit of Authorization, signed and notarized 2 ❑ Notarized and completed Covenant of Unified Control 2 ❑ Completed Addressing Checklist 2 ❑ Warranty Deed(s) 3 ❑ List Identifying Owner and all parties of corporation 2 ❑ Signed and sealed Boundary Survey 4 ❑ Architectural Rendering of proposed structures 4 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. S ❑ Statement of Utility Provisions 4 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 4 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. W11-11- /.' 4 ❑ Traffic Impact Study 7 ❑ Historical Survey 4 ❑ School Impact Analysis Application, if applicable 2 ❑ Electronic copy of all required documents 2 ❑ Completed Exhibits A -F (see below for additional information)' ❑ ❑ List of requested deviations from the LDL it document is separate from Exhibit E) 'ustifir`atio for each (this r ❑ �/ I(� ❑ Revised Conceptual Master Site Plan 24" x 36" ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑1:1r LJ Checklist continued onto next page... 4/15/2015 Page 11 of 16 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239 252-2400FAX: (2 )252-,3S8 � 9 ✓ii `'IFli�(�Vll Revised PUD document with changes crossed thru & underlined School District (Residential Components): Amy Lockheart I Copy of Official Interpretation and/or Zoning Verification 1 1 ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: F�/Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code � Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each �xhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan" PLANNERS— INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: FEE REQUIREMENTS (7 Pre -Application Meeting: $500.00 VPUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ �/Environ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre mprehensive Planning Consistency Review: $2,250.00 mental Data Requirements -EIS Packet (submittal determined at pre -application No meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 ?�' Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meetin * f"r *Additional fees to deter ined at Methodology Meeting. o Minor Study Revie : $750.0 o Major Study Revie $1,500.0 n V Legal Advertising Fees: o/CCPC: $925.00\ "CC: $500.00 r"School Concurrency Fee, if applicable: 4/15/2015 Page 12 of 16 School District (Residential Components): Amy Lockheart ElConservancy of SWFL: Nichole Ryan Utilities Engineering: Kris VanLengen I Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS (7 Pre -Application Meeting: $500.00 VPUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ �/Environ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre mprehensive Planning Consistency Review: $2,250.00 mental Data Requirements -EIS Packet (submittal determined at pre -application No meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 ?�' Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meetin * f"r *Additional fees to deter ined at Methodology Meeting. o Minor Study Revie : $750.0 o Major Study Revie $1,500.0 n V Legal Advertising Fees: o/CCPC: $925.00\ "CC: $500.00 r"School Concurrency Fee, if applicable: 4/15/2015 Page 12 of 16 C0 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 o Mitigation Fees, if application, to be determined by the School District in coordination with the County *Additional fee for the 5`h and subsequent re -submittal will be accessed at 20% of the original fee. All checks may be made payable to: Board of County Commissioners 4/15/2015 Page 13 of 16 CiO er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www. coil iereov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL #: 201 50001 94 5 Collier County Contact Information: Name Review Discipline Phone Email ❑ Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ SummerAraque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch, P.E. Transportation Planning 252-2361 StephenBaluch@colliergov.net ❑ Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net ❑ Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net ❑ Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net 1K Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidiashton@colliergov.net ❑ Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey, P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net ❑ Allarcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 ❑ Bill Pancake Fire Safety 252-2310 BillPancake@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ❑ Fred Reischl, AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net ❑ Brett Rosenblum, P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net Michael Sawyer 252-2926 michaelsawyer@colliergov.net Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott, AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith, AICP Landscape Review 252-4312 danielsmith@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EIIenSummers@colliergov.net ❑ SebttStone Assistant County Attorney 252-8400 scottstone@colliergov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvanfengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ❑ David Weeks, AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 1 ChristineWiIloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email CAJ 0�y0[ AC �1/�$ rJYOo� 1` wp, Sid-r��s �WcsYyroo ca,s��i -rtac .[ I er [rv�r _'�yq SL L {fv4 Ut.d a4w ,4Q Cc' r MiCK o//�' laher r i775q -00 b (o ; f' r. /- Y1.1a,*1 ACIA;s- AtIV PUDZ-PUDA Checklist 1. The project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties. (i.e. CON, ST, PUD, RLSA designation, RFMU district, etc.) (LDC 2.03.05-2.03.08; 4.08.00) land -use c mpllance 231. ubmit a current aerial photograph and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay or vegetation inventory identifying upland, wetland and exotic vegetation. (LDC 10.02.13.A.2.m) F _UCCS a&- ial 150. learly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.A.2). preserves labeled P'`(A4&' pG&X,44f S/ #.-- 16rf A OS1i(P lr�..d�,, �l�l A[�1T Oil .+91i,�i9Gi 4lf eo i- ®!iA. 151 rovide calculations on site plan showing the appropriate acreage of native vegetation to Wi#1 be retained, the max. amount and ratios permitted to be created on-site or mitigated off- Lia A hl. site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B -D; 3.05.071; 3.05.07.H.Ld-e). preserve calculation 207. eated and retained preserve areas shall meet the minimum width requirements per LDC 05.07.H.1.e. 154. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) preserve selection 208. Provide the justification for proposing a created preserve versus retaining existing native vegetation. (LDC 3.05.07.H.l.e.i) Q12rinciple structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross-sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) preserve setback 155. rovide the location, maintenance plan, and type of habitat of any proposed off-site preservation/mitigation. (LDC 3.05.07.F.4 f Ot lkxlfi AcvN - leld f eviiLhm�- 115. Wetland line shall be approved by SFWMD and delineated on the site plan. (LDC 3.05.07.F; 10.02.03.B.1 j.) wetland line 0153. ovide a complete and sufficient EIS (and the review fee) identifying author credentials, consistency determination with the GMPs, off-site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 10.02.02) EIS required 228. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) VdNC /W/ Sr )04 Environmental Data Checklist The Environmental Data requirements can be found in LDC Section 3.08.00 (DI Provide the EIS fee if PUD or CU. 0WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include �� revision dates on resubmittals. �_ 3. )Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the \/ Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. 0Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. 11. dentify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on-site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 13. ere off-site preservation of native vegetation is proposed in lieu of on-site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off-site parcel(s) if off-site donation of land is to occur. 14 Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6. 1.1 (13), if requested. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. D24. e County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) Provide overall description of project with respect to environmental and water management issues. O.b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 025.PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required?j[]� 27. Additional Comments 28. Stipulations for approval (Conditions) XE 61%h;1tv d'/� /fib GundlachNancy Subject: PL20150001945 (REZONE) Location: CONF ROOM "C' Start: Tue 9/15/2015 10:30 AM End: Tue 9/15/2015 11:30 AM Recurrence: (none) Meeting Status: Accepted Organizer: CDS-C Required Attendees: AhmadVicky; Amy Lockhart -Taylor (lockha@collierschools.com); AndersonRichard; AnthonyDavid; ArnoldMichelle; AshtonHeidi; AuclairClaudine; BaluchStephen; BealsNathan; BeardLaurie; BeasleyRachel; BrethauerPaula; BrownAraqueSummer; BunsterMadelin; BurtchinMark; CascioGeorge; CondominaDanny; CromerAaron; Danette Kinaszczuk; David Ogilvie; DavisAme; dfey@northcollierfire.com; FaulknerSue; FeyEric; FleishmanPaula; GundlachNancy; HouldsworthJohn; HughesJodi; HumphriesAlicia; jnageond@sfwmd.gov; JohnsonEric; KendallMarcia; KurtzGerald; LenbergerSteve; LevyMichael; (martin@sfwmd.gov; MastrobertoThomas; McKennaJack; McKuenElly; McLaughlinAlan; McLeanMatthew; MoxamAnnis; NawrockiStefanie; PajerCraig; PancakeBill; PattersonAmy; PepinEmily; pjimenez@sfwmd.gov; ReischlFred; RosenblumBrett; SawyerMichaef; ScottChris; Shar Hingson; Shawn Hanson; SmithDaniel; SpaarPatricia; StoneScott; StrainMark; SuleckiAlexandra; VanLengenKris; WalshJonathan; WeeksDavid; WilloughbyChristine; Tiffany Bray Optional Attendees: WilliamsCorine; MoscaMichele Planner -Nancy Gundlach Fire District -Golden Gate Fire Project Type: Rezone Project Description: Habitat for Humanity of Collier County intends to rezone and develop the ±17 acre property known as Vincent Acres (Project). Based upon the most recent conceptual site plan, which we understand is subject to change, the development intent is for a fee simple townhouse community containing ±100 units, infrastructure improvements, water management facilities and required open space. Existing Application Name: PL20140001888 Meeting Type: Pre -Application Meeting Preferred Date: ASAP Unavailable Dates: Location: Naples, FL, Parcel Number: 34690040006 Full Name: Tiffany Bray Email tbray@consult-rwa.com Company Name: Naples Representing: RWA, Inc. Contact Number: Primary: 239-597-0575 x236 Thanks r 7 _iortda La.��. 2 -mall add a.,.., dro Pu ,,, s. �r,, i�os wa t �o�r -rral, v�lo ess ib ems_ r is?cr ., s'sctfonio mai! to ibis enity- Instead. conma t this office by telephone or in writing_ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net Co ger County ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) 0 PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See Attached FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 34690040006 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 8684 Davis Boulevard, Naples FL 34104 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) Vincent Acres PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # PL20140001888 Cofer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Vincent Acres Please Return Approved Checklist By: E Email ❑ Fax ❑ Personally picked up Applicant Name: Tiffany Bray / RWA, Inc. Phone: 239-597-0575 Email/Fax: tbray@consult-rwa.com, 239-597-0578 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Collier County Property Appraiser Property Summary Parcel No. 34690040006 1 Site Adr. 8684 DAVIS BLVD Name / Address HABITAT FOR HUMANITY OF COLLIER COUNTY INC 11145 TAMIAMI TRL E City NAPLES State FL Zip 34113-7753 Map No. Strap No. Section Township Range Acres *Estimated 1 51103 311500 151103 3 50 26 15.68 GATOR GATE UNIT 1 COM AT NW CNR OF TRACT 1, E 945FT, S 340FT, E 373.50FT TO E LI OF Legal 2 OF RE/2 OF CEDING DESC OR 1059 GPG 1105489LE5 O�A CEDAR HAMMOCK, THREE PARCELS DESC IN OR 4351 PG 1211 Millage Area 4 30 Sub./Condo 1311500 - GATOR GATE UNIT 1 Use Code 9 170 - VACANT INSTITUTIONAL Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 05/31/11 4688-1942 $ 1,600,000 07/03/06 4065-1089 $ 6,250,000 06/30/05 3833-3257 $ 3,200,000 01/01/84 1059-1054 1 $ 968,000 Millage Rates 0 *Calculations School Other Total 5.48 1 6.3789 11.8589 2015 Certified Tax Roll (Subject to Change) Land Value $ 784,000 (+) Improved Value $ 0 (_) Market Value $ 784,000 (_) Assessed Value $ 784,000 (_) School Taxable Value $ 0 (_) Taxable Value $ 0 If all Values shown above equal 0 this parcel was created after the Final Tax Roll THIS EASEMENT AGRI "Effective Date'), by and between successors and/or assigns (collect University Park, Florida 34201 app and/or assigns (collectively, "H�b Florida 34105. WHEREAS, Owner (the "Owner Property'); 3739767 OR; 3936 PG; 2390 RBCORDID in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/28/2005 at 01:36PK DNIGNT B. BROCK, CLBRR RBC FSB 146.00 DOC -.10 .70 Retn: SIBSKY & WOOD 1000 N TANIANI TR #201 NAPLBS FL 34102 EASEMENT AGREEMENT Space above this line for recorder's use Yis made this -!Y— day of November, 2005 (the .'In, a Florida not for profit corporation, its Owner ), whose ss is 8441 Cooper Creek Boulevard, Davis, LLC., a Flo limited liability company, its successors ss is 3 5 Airport Pulling Road North, Naples, the owner of that certain V WHEREAS, the Owner Pis,,part of that (the "Market Center Property') the p 0 chi recon r- ,,. of Collier County, Florida (the "County"), s ` 1",, . on Exhibit "A" attached hereto s cel of property known as Market Center Book 41 at Page 61 ofthe Public Records WHEREAS, Holland Davis is the owner of that certain property adjacent to the Owner Property as described on Exhibit "B" attached hereto (the "Holland Davis Property'); WHEREAS, Holland Davis desires to have a permanent easement (the "Easement') for the purpose (the "Easement Purpose") of: (i) constructing and maintaining certain utilities, a roadway, landscaping and other improvements, but specifically excluding a gate or guardhouse on or within the Easement Area (collectively, the "Easement Improvements"); and (ii) permitting pedestrian and vehicular ingress and egress from the Holland Davis Property to that certain public access roadway commonly known as Market Street upon that portion of the Owner Property described on Exhibit "C" attached hereto ("Easement Area'); WHEREAS, Owner wishes to grant the Easement upon, under and through the Easement Area to Holland Davis for the Easement Purpose, upon the terms as conditions as set forth in this Agreement. NOW THEREFORE, in consideration ofthe Easement Payment (as hereinafter defined), the obligation to pay the Pro -Rata. Share (as hereinafter defined) of the Device Costs (as hereinafter defined) and other GRAM\wP51%olatd d" easement agreement 09js.wpd cd:8/2N05/1 d:11/15/0512:48:46 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Edward H. Gilbert, Esq. Edward H. Gilbert, PA. 5100 Town Center Circle, Suite 430 Boca Raton, Florida 33486 THIS EASEMENT AGRI "Effective Date'), by and between successors and/or assigns (collect University Park, Florida 34201 app and/or assigns (collectively, "H�b Florida 34105. WHEREAS, Owner (the "Owner Property'); 3739767 OR; 3936 PG; 2390 RBCORDID in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/28/2005 at 01:36PK DNIGNT B. BROCK, CLBRR RBC FSB 146.00 DOC -.10 .70 Retn: SIBSKY & WOOD 1000 N TANIANI TR #201 NAPLBS FL 34102 EASEMENT AGREEMENT Space above this line for recorder's use Yis made this -!Y— day of November, 2005 (the .'In, a Florida not for profit corporation, its Owner ), whose ss is 8441 Cooper Creek Boulevard, Davis, LLC., a Flo limited liability company, its successors ss is 3 5 Airport Pulling Road North, Naples, the owner of that certain V WHEREAS, the Owner Pis,,part of that (the "Market Center Property') the p 0 chi recon r- ,,. of Collier County, Florida (the "County"), s ` 1",, . on Exhibit "A" attached hereto s cel of property known as Market Center Book 41 at Page 61 ofthe Public Records WHEREAS, Holland Davis is the owner of that certain property adjacent to the Owner Property as described on Exhibit "B" attached hereto (the "Holland Davis Property'); WHEREAS, Holland Davis desires to have a permanent easement (the "Easement') for the purpose (the "Easement Purpose") of: (i) constructing and maintaining certain utilities, a roadway, landscaping and other improvements, but specifically excluding a gate or guardhouse on or within the Easement Area (collectively, the "Easement Improvements"); and (ii) permitting pedestrian and vehicular ingress and egress from the Holland Davis Property to that certain public access roadway commonly known as Market Street upon that portion of the Owner Property described on Exhibit "C" attached hereto ("Easement Area'); WHEREAS, Owner wishes to grant the Easement upon, under and through the Easement Area to Holland Davis for the Easement Purpose, upon the terms as conditions as set forth in this Agreement. NOW THEREFORE, in consideration ofthe Easement Payment (as hereinafter defined), the obligation to pay the Pro -Rata. Share (as hereinafter defined) of the Device Costs (as hereinafter defined) and other GRAM\wP51%olatd d" easement agreement 09js.wpd cd:8/2N05/1 d:11/15/0512:48:46 OR; 3936 PG; 2391 valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, Holland Davis and Owner agree as follows: Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. The Easement. (a) Grant and Purpose. Owner hereby grants to Holland Davis the Easement upon and under the Easement Area for the Easement Term (as hereinafter defined). The purpose of the Easement ("Easement Purpose") shall be to provide the Holland Davis with (i) the right to construct and maintain certain utilities, roadway, landscaping and other improvements (collectively, the "Easement Improvements') upon and under the Easement Area; and (ii) to provide the Holland Davis Property with ingress and egress from the Holland Davis Property to that certain public access roadway commonly known as Market Street. (b) Obligations Upon Holland Davis. Holland Davis or any Successor In Title (as hereinafter defined) thereto shall be responsible for and obligated to: (1) pay, on . "Easement Payment") to the , (2)ibtir and Successor In Title (as`" he1 11 r�(vn�er (collectively, the "Perrmts and AppA state and federal ager cies pi _10 construct the Easement I1t»r6vem (3) \ cno block wall (the "Existi �ll at the sole cost and l for the Easement Term (as thousand two in accordance with Applicable weP ate,the sum of Thirty Thousand Dollars (the -` for, at the sole ; st and expense of Holland Davis or any ned) .any=\ and petmits and governmental approvals ")'-" ed nocessaror appropriate by the applicable county, m+=_t roof (collectively, the "Authorities') to i that portion and landscaping Land Davis or any `der defined) the in 1 `xPortion') of that certain concrete %1 the Easement Area, and maintain, i Tn Title (as hereinafter defined) thereto bf the Existing Wall (approximately one Tract L-2 ofthe Market Center Property (4) cause, at such time and in such manner as determined appropriate by Holland Davis or any Successor In Title (as hereinafter defined) thereto, construction of such improvements to Market Street as may be required by the applicable Authorities as a result of the pedestrian and vehicular ingress and egress provided to the Holland Davis Property through the Easement Area, the sole cost and expense of which shall be paid by Holland Davis or any Successor In Title thereto; (5) at such time as any owner or any member of any owner of the Market Center Property is required by the Authorities to pay such amount as determined by the Authorities for the installation of a traffic control device (the "Device Costs") at the intersection of Davis Boulevard and Market Street (the "Subject Intersection'), Holland Davis or any Successor In Title (as hereinafter defined) thereto shall have the obligation to pay its Pro -rata Share (as hereinafter described) of the Device Costs. For the purposes hereof, the Pro -rata Share ofthe Device Costs attributable to Holland Davis or any Successor In Title thereto shall be equal to the product obtained by multiplying the Device Costs by a fraction the numerator of which is the total (assuming the full development of the Holland Davis Property pursuant to the County criteria related thereto as then existing) traffic trips o:lApps\WP51%oBmnd d vb cam m m agnoomcnt 09je.wpd cd:&73/o5/hd:11/15/0512:48:46 2 OR: 3936 PG: 2392 at the Subject Intersection allocated to the Holland Davis Property (the "Holland Davis Trips') and the denominator of which is the result obtain by adding (i) the Holland Davis Trips; and (ii) the total (assuming the full development of the Market Center Property pursuant to the governmental agency with jurisdiction criteria related thereto as then existing) traffic trips at the Subject Intersection allocated to the Market Center Property (the "Market Center Trips"). The intent of this subparagraph is to provide for the Holland Davis Property to pay its fair share of traffic improvements to the intersection of Davis Boulevard and Market Street that are the result of the development of the Market Center Property, the Holland Davis Property and similarly situated properties North of Davis Boulevard. It is the understanding of the parties that under current Collier County and/or Florida DOT regulations, only the Market Center Property and not the Holland Davis Property would be charged by the governmental agency with jurisdiction for the traffic improvements to the intersection of Davis Boulevard and Market Street. In the event that the governmental agency with jurisdiction changes its method of assessment, this Easement Agreement shall be adjusted to accomplish the above stated intent. (6) place, on the Effective Date, the sum of $30,000 (the "Pro -rata Share Estimate") into an escrow account maintained by Goodlette, Coleman & Johnson, P.A. (the "Escrow Agent'). At such time as any owner,y� rpf any owner of the Market Center Property is required by the Authorities to,.py�i 'andthethe Pro -rata Share of the Device Costs is determined, the Escrow ' " e., A k��disburse the Pio-r t Share to the Owner, and simultaneously therewith, the amount, ifanofthe difference between Proata Share Estimate and the Pro -rata Share shall be disbursed to �olla�nd Davis tar an3ciccesso Inatle (as hereinafter defined) thereto. Similarly, if the $30,00 00 escrow visit {>s ate, llad Davis or any Successor In Title shall pay the difference; betw g actual, ariti�hit of $30,000. Said payment shall be made within fifteen (1:.5) days to w ltt n athere r ,h (7) � shall obtain, within fifin (1$) daysr the earlier to occur of (i) the issuance of a building per�f;,or (ii) the issuance nghtrf why connection permit and, thereafter maintain for the Easem liability ei�'ei ty insurance � `�1.a�sility Insurance") in the amount of at least $2,000,000.00 relating tb ase by Holland Dl of any Successor In Title (as hereinafter defined) thereto of the Easement]:°e fi,� �ce shall name the Owner as an additional insured thereunder and shall requife,1 1 lie notified in writing at least thirty (30) days in advance of any cancellation, termination or non -renewal thereof. (8) shall, within ten (10) days after Holland Davis or any Successor In Title thereto is required to provide the Liability Insurance pursuant hereto, furnish Owner or any Successor in Title thereto with certificates of insurance reflecting the existence of the Liability Insurance. The failure to provide the required Liability Insurance shall be deemed as a Maintenance Deficiency (as hereinafter defined) and same shall be subject to the procedures set forth in paragraphs 2.(d)(2) through 2.(d)(5) hereof. (9) perform the construction of the Easement Improvements in a good and workmanlike manner in strict conformity with the Permits and Approvals and Applicable Laws (as hereinafter defined) and in a manner so as not to unreasonably interfere with the normal and customary use of the Market Center Property. GAAP M1,51%odand loves easement agreemmd 09ja.wpd cd:8/23/05//rd:11115/0512:49-46 3 OR: 3936 PG: 2393 (c) Applicable Laws. For the purposes hereof, "Applicable Laws" shall mean and refer to all municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations applicable to the Easement Improvements and/or the Existing Wall. (d) Maintenance of Existing Wall and Landscaping. (1) Maintenance. After recordation of this Easement in the Public Records of Collier County, Florida, Holland Davis or any Successor In Title (as hereinafter defined) thereto shall, subject to the provisions hereof, have the obligation for the Easement Term (as hereinafter defined) to (i) maintain and repair the Existing Wall in a commercially reasonable manner and pursuant to the requirements of the Authorities; and (ii) maintain the landscaping existing within tract L-2 of the Market Center Property as of the Effective Date (the "Landscaping'), except for such Landscaping that may be removed to accomplish the Easement Purpose, in substantially the same condition as existed on the Effective Date and pursuant to the requirements of the Authorities (collectively, the "Maintenance Obligation'), at the sole cost and expense of Holland Davis or any Successor In Title thereto. It is specifically understood and agreed by Owner or any Successor In Title thereto that the Maintenance Obligation does not extend to any the repair or replacement of any damage or destruction to the Existing Wall or the Landscap ° 1%om the negligence or intentional misconduct of the Owner, any Successor In Title e1n�any4-gllig the Owner Property. The Maintenance Obligation does, however,°, '` any repair or "� of any damage or destruction to the Existing Wall or the Landsc ping caused by Holland Da or�iy Successor In Title thereto or from any party utilizing the Ax a foraccess tothe Hound Davis Property. (2) F— &I6 rafi�is or any Successor In Title thereto (as hereinafter defiedfals l pe orrt p icon if tle Maintenance Obligation (a �. Maintenance Defic en �r°"i-§iccef- �atic thereto shall provide Holland Davis or any Succes.*iri Title thereto with v�iatter on beach, a "Deficiency Notice") of any such Maintenance *° piency. The Deficiei(�yi,thall include specific details as to the nature of any such eg Maintenance Duey, along with a description of the proposed action requirede�ot a same ft avis or any Successor In Title thereto shall have forty five (45) days, ep0o 41 f mod, after receipt of a Deficiency Notice in which to correct any Maintenance Deixciencyprovided as part of any such Deficiency Notice, so long as Holland Davis or any Successor In Title thereto, as applicable, reasonably determines that any such alleged Maintenance Deficiency is the responsibility of, as applicable, Holland Davis or of the Successor In Title thereto. In the event that Holland Davis or any Successor In Title thereto reasonably determines that any alleged Maintenance Deficiency is not the responsibility (a "Disputed Maintenance Deficiency"), as applicable of Holland Davis or any Successor In Title thereto, Holland Davis or any Successor In Title thereto, as applicable, shall, within ten (10) days after receipt of a Maintenance Deficiency, provide written notice (each, a "Dispute Notice") to, as applicable Owner or any Successor In Title thereto of same. The Dispute Notice shall include specific details as to the reasons that any such alleged Maintenance Deficiency is not the responsibility of, as applicable Holland Davis or and Successor In Title thereto. In the event that, as applicable, Holland Davis or any Successor In Title thereto timely provides such a Dispute Notice, Holland Davis or any Successor In Title thereto, as applicable, shall have no obligation to correct any Maintenance Deficiency so identified, unless and until, an independent third party mutually selected by, as G:\AMMP51 dam easenmmt amu mt 09ja.wpd cd: &a"5//rd:11/15/0512*49:46 4 OR; 3936 PG; 2394 applicable, Holland Davis or any Successor In Title thereto and as applicable, Owner or any Successor In Title thereto determines the validity the matters described in the Deficiency Notice and the Dispute Notice. In the event as applicable, Owner or any Successor In Title thereto has provided a Deficiency Notice, and provided that as applicable, Holland Davis or any Successor In Title thereto has not timely provided a Dispute Notice, should as applicable, Holland Davis or any Successor In Title thereto fail to commence the cure of any such Maintenance Deficiency within forty-five (45) days, as applicable, Owner or any Successor In Title thereto shall have the right to engage competent, licensed and insured contractors to undertake such action as is necessary to correct the Maintenance Deficiency included as part of the Deficiency Notice, and as applicable, Holland Davis or any Successor In Title thereto shall be responsible to reimburse as applicable, Owner or any Successor In Title thereto for all costs and expenses incurred in connection with the cure of any such Maintenance Deficiency. Notwithstanding the foregoing, in the event that the Maintenance Deficiency is the result of an act of God, Holland Davis or any Successor In Title thereto shall have such reasonable period of time to remove such Maintenance Deficiency as is commercially reasonable under the circumstances. (3) Eme , s'erpof, an "Emergency" as to any Maintenance Deficiency shall be defined s� condition involvii 477 i n wance Obligation where the failure to immediately correct syeh Mamtenance Deficiencyw4vt pose an immediate threat of substantial damage to the Owner Properfy'otr to airy -person,`. the Owner reasonably determines that an Emergency exists as t�, any Ma 4 na pelclency;Owner shall a entitled to, without the necessity of adhering to the prc cedures s f ith ai' )�� but after attempting to attempting to provide Holland Davis or any�Suc�es�or i 'kh such prior notice (either written or oral) as is practical under tic F thee a tt, Maintenance Deficiency and expend such reasonable amomiks is necessary to do so, d Hq'0=4 Davis or any Successor In Title thereto shall be responsible to ieimburse Owner for the (as hereinafter defined). (4) S13tii1, Performance. If,r following the procedures outlined in paragraph 2.(d)(2), Holland 6a 1s S=,- riiTitle thereto fails to complete a Maintenance th Obligation, Owner shall have e e -competent, licensed and insured contractors to undertake such action as is necessary to ndertake the correction of the Maintenance Deficiency included as part of the Deficiency Notice and Holland Davis or any Successor In Title shall be responsible to reimburse Owner for all costs and expenses incurred in connection with the cure of any such Maintenance Deficiency (the "Reimbursable Expenses") upon a written demand therefor (a "Reimbursement Notice"). If Holland Davis or any Successor In Title thereto fails pay the Reimbursable Expenses to Owner within ten (10) days after receipt of a Reimbursement Notice, the Reimbursement Expenses shall bear interest thereon from the date of receipt of the Reimbursement Notice to the date of payment thereof at the maximum rate allowed by law, and the Reimbursable Expenses, the interest thereon and the cost of collection thereof (including reasonable attorney fee and administrative charges incurred by Owner in connection herewith) shall entitle the Owner to claim a lien upon the Holland Davis Property. A claim of lien, stating the amount due and the due date may be recorded by Owner or any Successor in Title thereto in the Public Records of Collier County in the event that any Reimbursable Expenses are not paid within thirty (30) days after the date of receipt of a Reimbursement Notice. Owner or any Successor in Title thereto may bring an action to foreclose the claim of lien against the Holland Davis Property in the same manner as a an action is brought to foreclosure a mortgage on real property, and/or Owner may bring a suit on the personal obligation of G:Wpps1WP51%oAand davis anemat aarcemcnt 09js.wpd ed:9/23/05//rd:11/15/0512:48:46 OR; 3936 PG; 2395 payment against the then owner of the Holland Davis Property, and there shall be added to the amount owed, the cost of preparing and filing the complaint in such action (including reasonable attorneys' fees), and in the event a judgment is obtained, such judgment shall also include interest on the amount due as provided above, the cost of collection, and the cost of the action. (5) Subordination of Lien Rights. It is expressly acknowledged, understood and agreed that any lien rights granted hereunder shall, without the necessity of filing of any docu wit or instrument reflecting same, be junior, inferior and subordinate to any mortgage filed by and/or the lien rights available to any institutional lender financing all or any portion of the Holland Davis Property subsequent to the date of recording hereof. (6) Obligations Relieved Uoon Disposition. The obligations upon Holland Davis and/or the Owner hereunder shall exist only for so long as such party is the owner, respectively, of the Holland Davis Property and the Owner Property. At such time as title to the Owner Property is transferred by the Owner to any other party (a "Successor In Title'), Owner shall be relieved of any further obligation hereunder, and any such obligation hereunder shall pass to the first and each subsequent Successor In Title to Owner. At such time as title to the Holland Davis Property is transferred by the Holland Davis to any Successor In Title, Holland Davis shall be relieved of any fiutber �b g�op "der, and any such obligation hereunder shall pass to the first and each subsequent I Ti a 'M Davis. 3. Term. The commence on the Effective L 4. No Public E constitute a gift or dedication general public or for any pub of the Easement is limited to 5. Retention of Ri1ts.r, Accordingly, Owner and any Succbss9i the ownership of the Owner Property n6 pursuant hereto, so long as any of such not impede the Easement Purpose. Easement (the "Ease nt Term') granted pursuant hereto shall shall, or shall be deemed to, 1 public, for the benefit of the n of the Owner that the grant Purpose. Agreement representsgran# of the Easement provided for herein. itle thereto shall=giiid any and all of the rights associated with Davis or any Successor In Title thereto Wires Owner and any Successor In Title thereto shall 6. Mechanics Liens. At all times, Holland Davis or any Successor In Title thereto shall keep the Easement Area free and clear of mechanics' liens and any other liens for labor, services, supplies, equipment or materials purchased or procured, directly or indirectly, by or for Holland Davis or any Successor In Title thereto (or any entity related or affiliated with Holland Davis or any Successor In Title thereto). Holland Davis or any Successor In Title thereto, as applicable agrees that Holland Davis or any Successor In Title thereto, as applicable will timely pay, satisfy or otherwise discharge all liens of contractors, subcontractors, mechanics, laborers, materialmen and others of like character on account of such a lien or the enforcement or foreclosure thereof. Neither Holland Davis nor or any Successor In Title thereto shall not have the authority to create any liens for labor or material on the Easement Area, and all persons contracting with Holland Davis or any Successor In Title thereto for the performance of any services, supply of any materials or provision of any labor for any work done in, on or around the Easement Area, and all materiahmen, contractors, suppliers, mechanics and laborers are hereby charged with notice that such party must look solely to, as applicable, Holland Davis or any Successor In Title thereto to secure payment of any bill for work done or material G:\Apps\WP51%oAxnd davis wemcnt asmement 09js.wpd cd:8/23/05//rd:11/15/0512:48:46 6 OR; 3936 PG; 2396 furnished at the request or instruction of, as applicable Holland Davis or any Successor In Title thereto on or within the Easement Area. 7. Indemnification. (a) Indemnification by Holland Davis and any Successor In Title thereto. Holland Davis for only so long as Holland Davis holds legal title to the Holland Davis Property and, thereafter, any Successor In Title thereto hereby agrees to indemnify and hold Owner for only so long as Owner holds legal title to the Owner Property and, thereafter, any Successor In Title from and against any and all losses, fees, costs, damages, liabilities, judgments, penalties, actions, causes of action and claims, including, without limitation, attorney's fees and court costs at trial and appellate levels, incurred or sustained by, as applicable Owner and any Successor In Title thereto as a result of any act or omission of, as applicable, Holland Davis or any Successor In Tide thereto, or any assigns, employees, agents, representatives, guests and invitees thereof under this Agreement. (b) Indemnification by Owner and any Successor In Title thereto. Owner for only so long as Owner holds legal title to the Owner Property and, thereafter, any Successor In Title thereto hereby agrees to indemnify and hold Holland Davis for only so long as Holland Davis holds legal title to the Holland Davis Property and, thereafter, any Successor r ainst any and all losses, fees, costs, damages, liabilities, judgments, penalties, actiorngincluding, without limitation, attorney's fees and court costs at trial and app�a els, incurred or su , as applicable Holland Davis and any Successor In Title thereto as a result oa��r omission of, as li le, Owner or any Successor In Title thereto, or any assigns, employs, agenfsy...r eseirtat Ves guests invitees thereof under this Agreement. Y 8. Covenants R ' the e' : granted hereunder is appurtenant to the Owner Property, shall run v th r,r, and . i bei, itldingju n the Successors In Title thereto. All of the provisions of this inciu��the �ts burdens of the Easement created ,A hereby, shall run with the O,%�,T*pperty and shall on'thebwner and the Successors In Title thereto. The Easement granted"under is appurtenant►e �I Ion Davis Property, shall run with the Holland Davis Property and shall tin�ing upon the Successoiiae thereto. All of the provisions of this Agreement, including all of the ben tsArdbnrdens of ttte er t created hereby, shall be binding upon Holland Davis and the Successors In Titile 41' 'm l Elie owner's rights and any Successor In Title thereto shall be specifically enforceable by Successor In Title thereto and any member of the Owner's association. All of the rights of the Holland Davis and any Successor In Title thereto shall be specifically enforceable by Holland Davis and any Successor In Title thereto. 9. Interpretation: Severability; Amendment. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Florida. In the event a court of competent jurisdiction shall determine that any provision hereof is invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions hereof, all of which shall remain in full force and effect. This Agreement may not be amended or modified except by an instrument in writing executed by, as applicable Holland Davis or any Successor In Title thereto and, as applicable the Owner or any Successor In Title thereto. Further, no such amendment or modification shall be effective unless in writing and recorded in the Public Records of Collier County, Florida. The provisions of this Agreement may be enforced by all appropriate actions at law and in equity by the parties hereto, and their respective successors and assigns, with the prevailing party in any such action being entitled to the reimbursement of reasonable attorneys' fees and costs incurred at trial and all appellate levels. G:\Apps\WP51\ho0and davis cammCni agrOCUMM 09js.wpd cd:8/23/05/hd:11/2110513:50:35 7 OR: 3936 PG: 2397 10. Entire Agreement; Exhibits. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supercedes all prior agreements, undertakings and agreements, both oral and written, between the parties with respect thereto. All of the Exhibits to this Agreement are incorporated herein and made a part hereof. IN WITNESS WHEREOF, Owner and Holland Davis have executed this Agreement on and as of the Effective Date. WITNESSES: Market Center Association, Inc. By: Print Name- , X aA Title: Print Name =, ` .- WITNESSES:� �.�� •�� h s Jaid Davis, LLC. James H. Siesky Print Name By: / fle. A4 Y Clint C. Holland, Managing Member Print Name- Wanda Q* inan GAApps1WP51%o land davis easement agreement 07js•wPd cd:8/23/05//rd:11/14/0513:32:25 STATE OF FLORIDA SS.: COUNTY OF COLLIER OR: 3936 PG: 2398 The foregoing instrument was acknowledged before me this day of November 2005, by ' the of Market Center Association, Inc., a Florida not for profit corporation (the "Corporation"), on behalf of the Corporation, who ❑ did ❑ did not take an oath. ❑ Personally known. ❑ Produced M My commission expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument by Clint C. Holland, a Managing M (the "Company"), on behalf of the Personally known. ❑ Produced 1ID- My commission expires: _�' '�, James H. Siosky ,. _� Commission #� DD3a8481 Expires Manch 26, 2009 • � . ead.e tor F.ti • arur.ne., � eow�s.»t• G:\Apps\WP51Wollmd davis est agement 09js.wpd ed:8/23/05//rd:11/15/0512:49:46 9 NOTARY PUBLIC, State of Florida Cz SS. beft��n� this day of November 2005, v L.0 a Florida limited liability company 3id*'did not take an oath. Print name- OR: 3936 PG: 2399 10. Entire Agreement: Exhibits. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supercedes all prior agreements, undertakings and agreements, both oral and written, between the parties with respect thereto. All of the Exhibits to this Agreement are incorporated herein and made a part hereof. IN WITNESS WHEREOF, Owner and Holland Davis have executed this Agreement on and as of the Effective Date. WITNESSES: Market Center Association, Inc. 1461 WITNESSES: Clint C. Holland, Managing Member Print Name - Print Name: G:\Apps\WP51\ho11and davis easement agreement 09js.wpd cd:8/23/OS//rd:l 1/14!0517:03:15 OR; 3936 PG; 2400 STATE OF FLORIDA ) COUNTY OF ) SS.: The foregoing instrument was acknowledged before me this 14 day of November 2005, by 'DFHtD H , t3ait .ppru F , the D02Rj Cr2i � of Market Center Association, Inc., a Florida not for profit corporation (the "Corporation"), on behalf of the Corporation, who ❑ did ❑ did not take an oath. 5? -Personally known. ❑ Produced M - My commission expires: STATE OF FLORIDA 1 3 COUNTY OF COLLIER The foregoing instrumeg by Clint C. Holland, a Managi company (the "Company"), on b ❑ Personally known. ❑ Produced ID - My commission expires: G:\Apps\WP51\6o11and davis easement ageement 09js.wpd cd:8/23/05//rd:l 1/14/0517:03:15 NOTARY PUBLIC, 7,M:8 dl H. A, Myc—, SS �� ;forte this day of November 2005, idlivYs, LLC., a Florida limited liability vvlo ❑did ❑ did not take an oath. NOTARY PUBLIC, State of Florida Print name: Exhibit "A Owner Property I< ' G:\Apps\WP51\holland davis easement agreement 09js.wpd cd:8/23/05//rd:l 1/14/0517:03:15 OR: 3936 PG: 2401 EM w 15.18' TRACT "C-2" EXHIBIT "All 2(Y ACCESS ANDS DRAINAGE EASEMENT ',., ST D S. OR: 3936 PG: 2402 G A T 0 R G A T E PLAT BOOK 7, PAGE 2 (15, PJA' Col EXIST. RM LINE col PE TRACT "L-2" SQ FT OR 0.362± ACRES) Ok'---41 PAGE 60 & 61 NAY, FL (WATER ACT 3 1.86 ACRES TRACT "C—l" -EXIST. PROPERTY LINE NORTHWEST CORNER EXIST. RM LINE OF MARKET CENTER PLAT CI R K E T 19 S T R E E T N5 RA4 LINE In 5R ca t: Wfflfflrr"A* OR; 3936 PG; 2403 Exhibit "Btt Holland Davis Property P w i T; } 4 Y A G:\Apps\WP51\holland davis easement agreement 09js.wpd cd:8/23/05//rd:11 / 14!0517:03 :15 JND LCVLATED ED DIMENSION ASURED DIMENSION 4 I ROAD UNTY ROAD 4T BOOK CES l e 1 9 SOUTHEAST GARNER NORTHEAST OVAR7ER FOUND J'XJ' TAPERED CONCRETE MONUMENT LB J923 h WAS FOUND TO EXCEED TNl''_RL 0 ABOVEGROUND AND UNDERCPiQi%!! N UNLESS OTHERWISE SHOWN Q, ..'�aPARCEL SUBJECT TO EASEMENTS, RR(SERVA77ONS OF RECORD. 4TEu t57- FIELD WORK:c„OL-'rC 2 END. :Ovo?crE BLocx R•Au P.R.M. s1x 11ZN.00'17'56"E. RLS 400< 09 704131'(D) 703.92'(M) CEDAR HAMMOCK, UNIT 2 P.B. 36, PGS 5-8 BUTTOT7YIOOD WAY C=AR I/ANMOq' CNiIT 1 P,6. J6 PCS 5-6 C.0 LESS 0) PARCEL U-) ®®®®®®®©®®©© w CD � " 'TRACT 'L-16' r CEDAR HAMMOCK Q M G P.8. 32, PGS 91-106 LoM rn 'TRACT'C-z' Z .� CEDAR HAMMOCK P,B. J2, PCS. 91-106 I 707.03'(D) 707,24'(C) TND. '.R.M. S.00,07'06"W. 'LS 4009 POINT OF BEGINNING LESS PARCEL SOUTHWEST CORNER NE 1/4 SECTION 3 �MIt�B �ttiJiItPPl`tIi J, .?HILT. rofessionLil �S�eera, PlLL2anPra & 1 Dad S�2rveyon 6640 -MALLOW PARK'MrIE - 911TE •9• NAPLES. FLMIDA 34109 PION_. (239)597-2061 FAL (239)597-3052 CSII 9A YRE CYPRESS PARKWAY - SUITE 101 FORT WYERS, FLORIDA 33912 PHONE: (239)9)9-5190 , FAL (239)93-2}2] Z? Y� V t ni w� uQi u Ei(N'i 43)r G SURVEY PLAT OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, L PING IN S£CTON J, TOWNSHIP 50 SOUTH, RANGE 26 £AST, AND BEING FURTHER BDUND ANO DESCRIBED AS FOLLOWS THE WEST ONE HALF (W 1/2) OF THE WEST ONE HALF (W1/2) OF AYE NORTHEAST ONE LINE OF DAVIS OUARTER (N£ 1/4) OF SAID SECTION 3, LYING SOUTH OF ST THE SOUTHERLY RICHT ST WAY BOULEVARD - STATE ROAD 84,• LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE S0U7HIWST CORNER OF THE NORTHEAST ONE OUARTER (NE 1/4) OF SAID SECTION J,• THENCE N8979136E ALONG THE SOUTH LINE OF SAID NORTHEAST ONE QUARTER (NE 1/4) FOR 650.69 FEET TO THE SOUTHEAST CORNER OF THE WEST ONE HALF (W 1/2) OF THE WEST ONE. HALF (W 1/2) OF SAID NORTHEAST ONE OUARTER (NE 1/4),- THENCE N00' 1756E ALONG THE EAST LINE OF THE SAID FRACTION FOR 704.31 FEET, THENCE 58934'06"W 'FOR 65288 FEET TO THE WEST LINE OF SAID FRACTION,• THENCE SOO'070HE ALONG THE WEST LINE OF SAID FRACTION FOR 707.OJ FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS J0.56 ACRES, MORE OR LESS. .AR£ ASSUMED AND BASED ON (NEBEARINGS1THE SOUTH UNE OF THE NORTHEAST ONE QUARTER (NE /4�„ AF A7jj TONFAS BEARING N8979 J8 E WAY, RESTRICTIONS AND RESERVATIONS OF RECORD. T'S NOTES.. - PREPARED AS A BOUNAARY VRVEY 0 IS NOT INTENDED TO THE JURISDIC710N OR JUR/SDI EAS OF ANY FEDERAL VQNAL OR LOCAL 7IGENCY, BOOM \ STON OR OTHER EITUY, SURVEY BA_SFD fiN Lar PUT OF EW 'kUMMOCK RECORDED /N ICH 106, ND EXISTING •1WONUMENTA7TON. n UN -1 OFIrNE NORTHEAST OLL4R7ER 91 ,T —m ;Av, THL (MA7MUM MCA"CAL S7AND4R0S I "'Atl!TMUM RELAM-r DISTANCE r Foor w To,000 FEET. IT 01 A: f,btED GEOMETRIC FIGURE ?. / e* re P /E'AifF IRE NOT LOCATED OIC, WAY' RESTRICTIONS AND IS NOT LOOTED AN A SPECIAL ODD INSUP—CE PROGRAMS, PARCEL IS -WOIIN ON FEMA PANEL 170067 0425 D. EFFECRV£ DA7E LIC .UNE .1 1966 AND IS SHORN IN ZLTVE :Y. PARCEL CONTIVUS JO 56 ACRES. MORE OR LESS. CENTER OF SECTION J. TOWNSHIP 50 SOUTH, RANGE 26 EAST, FOUND 4"X4" CONCRETE MONUMENT W1T>' 5/8” IRON PIN, TOP BROKEN CERTIFIED CORNER RECORD DOCUMENT NO. 00030494 SURVEYOR'S CE77T)L)64TKNV: `v L Wfira1• C— To NL wsr qr "r 4"7 PROVTSSTON4L 10A RLC TMt TMS PUT a TNC is:- HERON OCSCR/BCD PRVPCRn• 15 A MtVr RDPRCSENrA7RAI CV' A ICID SORL'Ll• "W LM XR Yr DRECDON AND "Wn THC ALAV4VLAN 7ECNMT4L 11 ML114"SCT r04L N —rM 6/D17-6, 47OO717 O 7Y.0 . 0 T pLftp TD SECTVN TATI7 TNOM[4S SFi4W, P.S..M. FLORIDA CERTD9O 770M N(7 4672 TH6 SDRWY'S w r 1'N.0 WThVVr THC SIOK1rURC AND TN£ ORV-44 PAC= SEAL Of A ROQW LC£NSED S(ATICMR An ANPPER. - AODIr"VS OR Darn , TO SLN Y "APS OR RCPOPrs Br OTHER 7TTUV TTC SIf"NO PARTY OR PARTKS LS PROMLRIED WrKX MR77CN CONSCNr OF THC vcNwo PAMYM PARTE$ - 7N1S CCRTFXArXkV 6 &4r fOR THE LANDS OESCRR7CD HERCLML - A 5 Nor A CER7F9G7nV Of R1Lr. ZOAWy SE78ACA•S. LW fy�fn 7" OF CACLm6MANCES TMS SLTRSEY wAS PFWyARCO MDIOUr BENO71 Of ARS09ACr or TITTLE ARC ALL A"TTERS 0f ME 9'0'" W RCTrRREID 70 AN A1709NEr AT UM. BOUNDARY SURVEY QUINSY REMAINDER PARCEL AT CEDAR HAMMOCK COWER COUNTY, FLORIDA a7E PROIER L A7 DESIGN DRAWN CNE(3(LL,)) 10-75_Ot >n•e 7n •.-- m� T e rrr SCALE SHELF DF FlLE N0. (S -T -R) WAS FOUND TO EXCEED TNl''_RL L�1L ° ABOVEGROUND AND UNDERCPiQi%!! UNLESS OTHERWISE SHOWN Q, ..'�aPARCEL SUBJECT TO EASEMENTS, RR(SERVA77ONS OF RECORD. 4TEu t57- FIELD WORK:c„OL-'rC A DC�*I,IA_ ' `19QQ AhS'�,T FLWd E € ,T —m ;Av, THL (MA7MUM MCA"CAL S7AND4R0S I "'Atl!TMUM RELAM-r DISTANCE r Foor w To,000 FEET. IT 01 A: f,btED GEOMETRIC FIGURE ?. / e* re P /E'AifF IRE NOT LOCATED OIC, WAY' RESTRICTIONS AND IS NOT LOOTED AN A SPECIAL ODD INSUP—CE PROGRAMS, PARCEL IS -WOIIN ON FEMA PANEL 170067 0425 D. EFFECRV£ DA7E LIC .UNE .1 1966 AND IS SHORN IN ZLTVE :Y. PARCEL CONTIVUS JO 56 ACRES. MORE OR LESS. CENTER OF SECTION J. TOWNSHIP 50 SOUTH, RANGE 26 EAST, FOUND 4"X4" CONCRETE MONUMENT W1T>' 5/8” IRON PIN, TOP BROKEN CERTIFIED CORNER RECORD DOCUMENT NO. 00030494 SURVEYOR'S CE77T)L)64TKNV: `v L Wfira1• C— To NL wsr qr "r 4"7 PROVTSSTON4L 10A RLC TMt TMS PUT a TNC is:- HERON OCSCR/BCD PRVPCRn• 15 A MtVr RDPRCSENrA7RAI CV' A ICID SORL'Ll• "W LM XR Yr DRECDON AND "Wn THC ALAV4VLAN 7ECNMT4L 11 ML114"SCT r04L N —rM 6/D17-6, 47OO717 O 7Y.0 . 0 T pLftp TD SECTVN TATI7 TNOM[4S SFi4W, P.S..M. FLORIDA CERTD9O 770M N(7 4672 TH6 SDRWY'S w r 1'N.0 WThVVr THC SIOK1rURC AND TN£ ORV-44 PAC= SEAL Of A ROQW LC£NSED S(ATICMR An ANPPER. - AODIr"VS OR Darn , TO SLN Y "APS OR RCPOPrs Br OTHER 7TTUV TTC SIf"NO PARTY OR PARTKS LS PROMLRIED WrKX MR77CN CONSCNr OF THC vcNwo PAMYM PARTE$ - 7N1S CCRTFXArXkV 6 &4r fOR THE LANDS OESCRR7CD HERCLML - A 5 Nor A CER7F9G7nV Of R1Lr. ZOAWy SE78ACA•S. LW fy�fn 7" OF CACLm6MANCES TMS SLTRSEY wAS PFWyARCO MDIOUr BENO71 Of ARS09ACr or TITTLE ARC ALL A"TTERS 0f ME 9'0'" W RCTrRREID 70 AN A1709NEr AT UM. BOUNDARY SURVEY QUINSY REMAINDER PARCEL AT CEDAR HAMMOCK COWER COUNTY, FLORIDA a7E PROIER L A7 DESIGN DRAWN CNE(3(LL,)) 10-75_Ot >n•e 7n •.-- m� T e rrr SCALE SHELF DF FlLE N0. (S -T -R) OR: 3936 PG: 2405 Exhibit "C" Easement Area . CA G:\Apps\WP51\holland davis easement agreement 09js.wpd cd:8/23/05//rd:11 / 14/0517:03:15 *** OR; 3936 PG; 2406 *** EXHIBIT "C" PROPOSED DRIVEWAY I I S LOCATION a•ma c•a I I I1 PVT aaoa 7. ME x I 1 N I --------------------------------- - _ _ _ _ �� I .o F I I m STREET coaxavTrox Tl•C7 x �.� ,��.. t� ✓ ,.. - ------ -- ----- ti...."-` I a \ p tol LOT3-------------------- F a �A TMt I I I " , I ! 33 d I i p ft I I 1 8297 a. uwn Z II Lot DRIVE SBFT 1 .. 8448 THUS INSTRUMENT PREPARED BY AND AFrER RECORDING RETURN TO: Edward H. Gilbert, Esq. Edward H. Gilbut, PA 5100 Town Center Cock, Suite 430 Boca Raton, Florida 33486 EASEMENT AGREEMENT 16813 Space above this line for recorder's use THIS EASEMENT AGREEMENT (the "Easement Agreement") is made this day of March, 2008 (the "Effective Date"), by Waterways Joint Venture VII, a Florida general partnership ("WWJVW% its successors and/or assigns, whose address is 14627„Collier Boulevard, Naples, Florida 34120 and Collier County, Florida, a political subdivisionothe- J— ,,,e "County"), its successors and/or assigns. All capitalized terms not defined here r s ;.t the lne uitli�;g mocribed to them in that certain Developer Agreement Mystique (the "Develop r �ement”) dated Feb" , 2007 by and between W WJV VH and the County. WHEREAS, WHEREAS, W hereto (the "WWJVVII WHEREAS, the County' hereto (the "10 Acre Pond Site"); owner of that 'owner of that WHEREAS, the County is the owner" hereto (the "3 Acre Site"); -lop er Agreement on Exhibit "A" attached described on Exhibit `B" attached property described on Exhibit "C" attached W H f'3 = &-- CD -a H W C- ea �o - N O o �! O H f7 H W x bd CO O �My s " 0 0 ao oz� WHEREAS, paragraph 7 of the Developer Agreement provides that (i) WWJVVII shall grant a drainage easement (the "County Drainage Easement") to the County for the County Drainage Easement N Purpose (as hereinafter defined); and (ii) WWJVVII shall grant an access easement to the County (the "Access Easement") for the Access Easemento 0 Purpose (as hereinafter defined); WHEREAS, paragraph 8 ofthe Developer Agreement provides that the County shall granta drainage easement (the "WWJVVII Drainage Easement") to WWJVVII for the WWJVVII Drainage Easement Purpose (as hereinafter defined); WHEREAS, WWJVVII wishes to grant the County Drainage Easement upon and under the County Drainage Easement Area (as hereinafter defined) to the County, its successor and/or assigns, upon the terms as conditions as set forth in this Agreement; and S:WYDOCS\3W\002\W5\Easement Agreement_02.%W cd- 113010911rd 4nl08:15:25:05 OR: 4353 PG: 0446- 16B13 WHEREAS, W WJWII wishes to grant the Access Easement upon and through the Access Easement Area (as hereinafter defined) to the County, its successor and/or assigns, upon the terms as conditions as set forth in this Agreement; and WHEREAS, the County wishes to grant the WWJVVII Drainage Easement upon and under the WWJVVII Drainage Easement Area (as hereinafter defined) to WWJVVII, its successor and/or assigns, upon the terms as conditions as set forth in this Agreement NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, WWJWQ and the County agree as follows: Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. The County Drainage Easement. (a) Grant and Puruose. hereinafter defined), the County Drain ) Drainage Easement Area") legally des t Purpose) of establishing a drain a tanner .• connection with the County Drainage Ease maintain such facilities (the " tounly trainF deemed appropriate by the Cunty soon as with the Development. In constrctian o� I e and all Applicable Laws (asshere na er def, and refer to all municipal, CC4 441 (b) (1) Q associated with the design, be the sole and absolute re WJWII hereby grants to the County for the Term (as diet p, n Vic( under that certain property (the "County tliit "�'orrtlirp°se (the "County Drainage Easement between Da 'ls vard and the 10 Acre Pond Site. In t Purpose, the unt} shall be entitled to construct and zac7ihtiiee, under e County Drainage Easement Area as i CuntyDainage Faclliii-es do not unreasonably interfere u yin fllties, the County shall comply with any r o� hereof} "Applicable Laws" shall mean ni Uw eordit", c , statutes, rules and regulations. .geFacilities. Any and all cost or expense y ofe County Drainage Facilities shall (2) Maintenance. Any and all cost or expense associated with the repair or maintenance of the County Drainage Facilities shall have be the sole and absolute responsibility of the County. 3. The Access Easement. (a) Grant and Purpose. WWJWII hereby grants to the County for the Term (as hereinafter defined), the Access Easement upon and through that certain property (the "Access Easement Area") legally described on Exhibit `B" for the purpose of maintaining the 10 Acre Pond Site (the "Access Easement Purpose"). In connection with the Access Easement Purpose, the County shall be entitled to construct and maintain such facilities (the "Access Facilities") under and through the Access Easement Area as deemed appropriate by the County so long as such Access Facilities do not unreasonably interfere with the Development. In construction of the Access Facilities, the County shall comply with any and all Applicable Laws. S:%4YD M\3W\00ZM5\E&wment Agreement 02.wpd ed 1/30/09//r& V7/0 9:15:25:05 h? te\ OR; 4353 PG; 0447 16813 (b) Construction and Maintenance of the Access Facilities. (1) Construction of the Access Facilities. Any and all cost or expense associated with the design, permitting and construction of any of the Access Facilities shall be the sole and absolute responsibility of the County. (2) Maintenance. Any and all cost or expense associated with the repair or maintenance of the Access Facilities shall have be the sole and absolute responsibility of the County. (c) Relocation. W WJVIV and the County agree that the exact manner of Development has not yet been determined. Accordingly, it may be necessary for WWJVVII to modify the Access Easement Access Area from time to time. Accordingly, WWJVVII shall have right to relocate the Access Easement Area from time to time, provided that (i) WWJVVII shall notify the County in advance of making any such change to the Easement Access Area, (ii) any and all cost associated with the relocation of the Easement Area shall be borne solely and absolutely by W WJV VII; and (iii) the modification ofthe Easement Access Area will not unreasonably impede or interfere with the Access Easement Purpose. 4. The WWJVVII Drainage Easement-__ (a) Grant andTheourTty k ,°grants to W WJV VII for the Term (as hereinafter defined), the WW V'ramage Easement u , rvl an under that certain property (the "WWJVVII Drainage Easement Area )legally described on Exh it " for the purpose (the "WWJVVII Drainage Easement Purpose")Vof estab kinga drainage doilnectio 'between the Development and the 10 Acre Pond Site for the outfall I&rn4h Deeelo nt In comctiprk the WWJVVII Drainage Easement Purpose, WWJVVII shall be ent a to in facilities (the "WWJVVII Drainage Facilities") under the WWJ4,VII bra nage E4erirent a"as r cl lab) necessary to enable WWJVVII to utilize the WWJVVII Drainages the tannage outfall. In construction of the WWJVVII Drainage Facile�,s WWJVVII shall com+ with any a�lall Applicable Laws. (b) (1) Cori j C .them Tiaina a Facilities. Any and all cost or expense associated with the desrgh ,hnittixrg tlastruction of any of the WWJVVII Drainage Facilities shall be the sole and absolute responsibility of WWJVVII. (2) Maintenance. Any and all cost or expense associated with the repair or maintenance of the W WJV VII Drainage Facilities shall have be the sole and absolute responsibility Of WWJVVII. 5. Term. The term ("Term") of this Agreement and the County Drainage Easement, the Access Easement and the WWJVVII Drainage Easement granted pursuant hereto shall commence upon execution of this Agreement by WWJVVII and the County and shall continue perpetually thereafter. 6. No Public Dedication. Nothing contained in this Agreement shall, or shall be deemed to, constitute a gift or dedication of any portion of the County Drainage Easement Area, the Access Easement Area or the WWJVVII Drainage Easement Area to the general public or for the benefit of the general public, it being the specific intention of (i) WWJVVII that the grant of the County Drainage Easement is strictly limited to the County Drainage Easement Purpose and that the grant of the Access Easement is strictly S:%MYD0CS13M4\002\005\Ea=nent Agrc=ew_02.wpd cd:1/30I08/hd: 108:15:25:05 rl'\ 3 OR; 4353 PG; 0448 16813 limited to the Access Easement Purpose; and (ii) the County that the grant of the WWJWII Drainage Easement is strictly limited to the WWAWH Drainage Easement Purpose 7. Retention of Rights. (a) This Agreement represents a non exclusive grant of the County Drainage Easement and the Access Easement as provided for herein. Accordingly, WWJVVII and its successors and/or assigns retain any and all of the rights associated with the ownership of the WWJVVII Property, not otherwise granted to the County pursuant hereto, and in that connection WWJVVII and its successors and/or assigns may utilize the County Drainage Easement Area and/or the Access Easement Area for any all purposes not inconsistent with, as applicable, the County Drainage Easement Purpose, the Access Easement Purpose and the terms of this Easement Agreement. (b) This Agreement represents a non exclusive grant of the WWJVVII Drainage Easement as provided for herein. Accordingly, the County and its successors and/or assigns retain any and all of the rights associated with the ownership of the 10 Acre Pond Site and the 3 Acre Site, not otherwise granted to WWJWII pursuant hereto, and in that connection the County and its successors and/or assigns may utilize the WWVJVII Easement Area for any -all purposes not inconsistent with, as applicable, the WWJVVII Drainage Easement Purpose andte "sf�isement Agreement. 8. Mechanics Liens (a) The Easement Area at all times frp equipment or materials purcho not have the authority to cream Access Easement Area and til supply of any materials or pry Easement Area or the Access laborers are hereby charged w bill for work done or material clear of any labor for any .ent Area, and all mi ire that they must lc ve4* the request or e `Easement Area and the Access ier lens for labor, services, supplies, or fair the County. The County shall unty Drainage Easement Area or the arEe performance of any services, bn or around the County Drainage ,s #actors, suppliers, mechanics and County to secure payment of any 'the County. (b) WWJWII shall ke VV41f�D`rainage Easement Area at all times free and clear of mechanics' liens and any other liens for laices, supplies, equipment or materials purchased or procured, directly or indirectly, by or for WWJVVII. WWJVVII VII shall not have the authority to create any liens for labor or material on the WWJVVII Drainage Easement Area and all persons contracting with WWJVVII for the performance of any services, supply of any materials or provision of any labor for any work done in, on or around the WWJVVII Drainage Easement Area, and all materialmen, contractors, suppliers, mechanics and laborers are hereby charged with notice that they must look solely to WWJWU to secure payment of any bill for work done or material furnished at the request or instruction of W WJWII. 9. Covenants Running with The Land. (a) The County Drainage Easement and the Access Easement are appurtenant to the WWJVVII Property and shall be binding upon WWJVVII and the successors in title thereto. The County Drainage Easement and the Access Easement are each appurtenant to the 10 Acre Pond Site and the 3 Acre Site and shall benefit any successor in title thereto. All of the provisions of this Agreement, including all of the benefits and burdens of the County Drainage Easement and the Access Easement created hereby, shall run with the WWJVVII Property and shall be binding upon WWJVVII and the successors in title thereto. S--WYDOM3"4\W2\DO5T&w =t Agreement 02.wpd od: 150/08/hd:4/7ro8:15:25:05 4 OR; 4353 PG; 0 49 6 All of the provisions of this Agreement, including all of the benefits and burdens of the County Drainage Easement and the Access Easement created hereby, shall run with the 10 Acre Pond Site and the 3 Acre Site and shall be binding upon the County and the successors in title thereto. (b) The WWJVVII Drainage Easement is appurtenant to the 10 Pond Acre Site and the 3 Acre Site and shall be binding upon the County and the successors in title thereto. The WWJVVII Drainage Easement is appurtenant to the W WJV VII Property and shall benefit any successor in title thereto. All of the provisions of this Agreement, including all of the benefits and burdens of the W WJV VII Drainage Easement created hereby, shall run with the WWJVVII Property and shall be binding upon WWNVII and the successors in title thereto. All of the provisions of this Agreement, including all of the benefits and burdens of the WWJVVII Drainage Easement created hereby, shall run with the 10 Acre Pond Site and the 3 Acre Site Property and shall be binding upon the County and the successors in title thereto. 10. Interpretation: Severabilt. Amendment. This Easement Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Florida. In the event a court of competent jurisdiction shall determine that any provision hereof is invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions hereof, all of which shall remain in full force and effect. This Easement Agreement may not be unended_ or modified except by an instrument in writing executed by WWJVVII and the County, andmerit or modification shall be effective unless ,. recorded in the Public Records of e�Qunt;I t� provisions of this Agreement maybe enforced by all appropriate actlops l * and in equity by � f�JWII and the County, and their respective successors and assigns. , (Signatures appear next page) 813 SAMYDOMM U\002\005Tasemem Agreemem_02.wpd od:1 /3W$/hdA/7/0g:15:25:05 5 VA IN WITNESS WHEREOF, WWJVVII and the County have executed this Easement Agreement on and as of the Effective Date. WITNESSES: Print Name: L- V a € ATTEST - D% ICCerlcirts .�N _ Print Name's; Print Title: !a t WfiC1Mcy E1140 T.owd"11 S-WYMCSC%"=2=5T=cnt ngvemcn 02.wpd of l/30I08/hd:4/7/09:1525 05 Waterways Joint Venture VII, a Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership, a general partner By: Waterways Development, Inc., the General Partner By: Richard Dave o e rt, President otlA'V commissioners, Collier County, Print Name: Print Title: (Notary appears next page) 6 OR. 4353 PG: 0451 16813 STATE OF FLORIDA ) SS.. COUNTY OF COLLIER ) Iq P The foregoing instrument was acknowledged before me this '_ day of Febi-ary2008, by Richard Davenport, the President of Waterways Development, Inc., a Florida corporation (the "Corporation"), the General Partner of Waterways of Hibiscus, Ltd., a Florida limited Partnership (the "Limited Partnership"), a general partner of Waterways Joint Venture VII, a Florida partnership (the "Partnership") on behalf of the Corporation, the Limited Partnership and the Partnership who ❑ did ❑ did not take an oath. R'Personally known. ❑ Produced ID: �` y"I,'F� Peggy A Heinz My Commission D1 Expires Novemb r NOTAR IC, State of Florida $ ex qu. „tea m lk d„u�`Z `•`,.. 6. S-WyD0CS136"=N0051Easement Agmement_02.wpd cd: l / M91/rdAM08:15:25:05 7 OR: 4353 PG: 0452 1b813 EDIT "A" THE WWJWII PROPERTY . . . ....... w S.WYD0CSl3664\002\005TAsunent Agreement_02.wpd ed:l/3WV/rd 4!//08:1525:05 16813 1 OF 2 LEGAL DESCRIPTION REMAINDER PARCEL A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COWER COUNTY, FLORIDA; THENCE ALONG THE NORTH UNE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 3, KW43WW. FOR 1978.57 FEET, THENCE LEAVING SAID NORTH LINE S.00.1V31'W. FOR 10249 FEET TO A POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 60 THROUGH 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BIEGINNMIG OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE WEST LINE OF SAID MARKET CENTER, S.00'16'31'W. FOR 1145.18. FEET; THENCE LEAVING THE WEST LINE, SA I Lt S.89'3 lrW. FOR 656.61 FEET TO THE EAST LINE OF TRACT C-2, �� CORDED IN PLAT BOOK 32, PAGES 91 THROUGH 106, OF THE PIl� e �OORDS OF COWE�2�, FLORIDA; THENCE ALONG SAID EAST>� LINE, N.00.06wT- FOR 7.31,f EET TO AN INTERSECTION ' WITH A NON-TANGENTAL THENCE EarERLY ALo4G THt W -QF A CIRCULAR L'URVE T THE'RIGHT, A DISTANCE OF 666.86 FEET, HAVING A RADIUS OF 3,17 .. , THR01UGH A NTRAL ANGLE OF 12wir AND BEING SUBTENDED BY A CHS CH, e85.�i FEET,TO THE POINT OF BEG*8M OF THE PA iCEI= HH 1 ', ', CONTAINING 731,572 S1,1AF $,AEM.MORI,J�ES SUBJECT TO EASEMENTS RESTRICTIONS OF ! BEARINGS ARE BASED OI��ORTH LINE OF THE N _ (114) OF SECTION 3, O TOWNS1iNP 50 SOUTH, RAN�1ST AS BEING N.89.43'32"V,�3 NORTH AMERICAN DATUM 989 1ADJUSTMENT STATE �INATE SYSTEM (GRID) FOR FLORIDA EAST ZONE 0901. � � ,. $ ..tom w w b NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA (R'�DPRO SSIONAL SURVEYOR AND MAPPER. 0 cr w PROFE NAL SURVEYOR AND MAPPER LS# 6278 f��' '.. SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY N. UNE OF TV. 40 & \Q \ N.E. 1/4 TNP. 30 S nkViSBI-�.—aka—s.R.84 (q, BAWD �"wr Com PUT tUBNI[ Sam L" we a ava nm,. cm BA 1 P.QG N.E. CORNER SOC710N 3. TWP 30 S. ROE 26 E N W E 0 100 200 O vim SCALE I*- 200' FP BLV BOULEMM R.O.w. INNT OF NAY P.Oa • POOR OF 860#MIG P.O.C. POOR OF OOIIINIIC aff 1NP. - TGWAM DE mDRADWE 6138AW I. m Co RANGE \Q \ ]AXTAw- tyE 8 Z VQN opim p, WLF- 5 �IL SKETCH TO ACCOMPANY LEGAL. DESCRIPTION F 8"0WNWPB*MW%Sift 200 34 REMAINDER PARCEL IL 53EFAUER 2 NMB050117.00.03R: 2 2 FILE 508 CEDAR HAMMOCK NUMBlit: { . P.B. 32 PQ. 91-100.. ssg*3s,iamw 655.61 iRACr F2 OONSDiVA7gN ) MIp`110 3480001000! UNE OF UNE I BEARONi I LDWM DIET CENTER PLAT 1 P.QG N.E. CORNER SOC710N 3. TWP 30 S. ROE 26 E N W E 0 100 200 O vim SCALE I*- 200' FP BLV BOULEMM R.O.w. INNT OF NAY P.Oa • POOR OF 860#MIG P.O.C. POOR OF OOIIINIIC aff 1NP. - TGWAM DE mDRADWE 6138AW I. m Co RANGE DAIS "200 CUEW. ]AXTAw- tyE 8 Z 5 � Y i � E3k n.F� � i< L s S opim p, WLF- <x S. SKETCH TO ACCOMPANY LEGAL. DESCRIPTION F 8"0WNWPB*MW%Sift 200 34 REMAINDER PARCEL PhaFb XK 8-m 53EFAUER 2 NMB050117.00.03R: 2 2 FILE 508 NUMBER O NUMBlit: ssg*3s,iamw 655.61 ' 3 ACRE POND SITE UNE TM UNE I BEARONi I LDWM CURVE TABLE CURVE I RADIUS I DELTALENGTH CB Co Cl 3174.04 686.86 M" 1 P.QG N.E. CORNER SOC710N 3. TWP 30 S. ROE 26 E N W E 0 100 200 O vim SCALE I*- 200' FP BLV BOULEMM R.O.w. INNT OF NAY P.Oa • POOR OF 860#MIG P.O.C. POOR OF OOIIINIIC aff 1NP. - TGWAM DE mDRADWE 6138AW I. m Co RANGE �f DAIS "200 CUEW. ]AXTAw- WATERWAYS JOINT VENTURE VI TONSUL� i G C24 opim p, WLF- a S. SKETCH TO ACCOMPANY LEGAL. DESCRIPTION CHmm BY: J.J.H. 8"0WNWPB*MW%Sift 200 34 REMAINDER PARCEL PhaFb XK 8-m 53EFAUER 2 NMB050117.00.03R: 2 2 FILE 508 NUMBER O NUMBlit: �f EXHIBIT "B" THE 10 ACRE POND SITE g� ! S.\MYDOCWW\002\005Eawment Agreement_02.wpd ed:l/ M91/fdAR/09:15:25:05 16813 9 16813 I OF 2 aiz A PARCEL OF LAND LYING IN SECTION 3, T0WW* IP 50 SOUTH, RANGE 28 EAST, COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED A8 FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 28 EAST. COLLIER COUNTY. FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (114) OF SAID SECTION 3. N.W4SWW. FOR 1978.57 FEET. THENCE LEAPING SAID NORTH LINE E SJ)0'18'31v. FOR 1447.18 FEET TO A PONT ON THE WEST LINE OF MARKET CENTER. AS RECORDED N PLAT BOOK 41, PAGES 80 THROUGH 81, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE PONT OF BEGINNING OF THE PARCEL. HEREIN DEQ; THENCE CONTINUE ALONG THE WEST LJNS 0F,8AD MARKT CENTER, &OV1831V. FOR WM FEET TO THE NORTH LINE E OF CEDAR ; `2 RECORDED N PEAT BOOK 38y PAa£S 6 THROUGH 8.OF THE PUBUCH�C�I .FLORIDA; THENCE ALONG SAM] NORTFL 8'W F°lFFEET TO THE EAST UNE OF TRACT 02. CEDAR HAMMOCK PLA1'� l�D N PLAT $�; � WTHR000H 108, OF THE PUBLIC RECORDS OF Mkijik OUNTY. FLORIQA;- THENCE LEAVING SAID AL QNG 3A1 EAS TRACT LINE FOR 808.19 THENCE LEAVING SAID EAST TRACT t.t . 11 FORM 1 FEET TO THE POINT OF - BEGINNI NG OF THEP -7 �"T" 'T `. , CONPANNO 435,8714 SUBJECTTO EASEIu BEARINGS ARE ASEE TOWNSHIPSOUINO ADJUSTME� T ST E NORTH LONE OF THEM -?�66 EAST AS BEING W,OOORDNATE SYSTEM 7 1ARTER (114) OF SECTION 3.. NORTH AMERICAN DATUM - FLORIDA EASTZONS090'1: THE ORWINAL. SIGAkrUREA`RAISED EMBOSSED SEAL OF A FLORIDA 9SIONALSURVEYORAND MAPPER. f� 0 rn SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY N. UNE OF TWP 49 3. NW-4X32OW Y gg S� _9 M9,1 �n d� UST UNE O r TRACT o-: ao ka z N.E. 1/4 Twp 50 S. VIS BLVD.—K.A.—S.R. I MYSTIQUE Folio NM 34600040006 N89*Wl S"E 655.01 16 8 13 P.06c. PLAT NX CORNER SWIXM 3, 7w 50 1 AM28g NORTH Late OF CEDAR ow - OOULENYlD HAW= LLMT 2 RAW.. fiAmw a ar PAL • POW Of @EGOLN= P&A - PONT OF 001RRDICUW CEDAR HAMMOCK 1w• ' yawam UNIT 2 OSE. - Irp mN CORNER P.B. 38 M 5-8 RANGE A107 CUM: , -41 0. WATERWAYS JOINT VENTURE Vil JL t AA > A.& .1m : SKETCH TO ACCOMPANY LEGAL DESCRIPTION '"0� ° ,"'�''bm qD 10 ACRE POND SITE ;" 5w � mm 050117.00.03 2 ; 2mom0009 16813 EIBIT "C" THE 3 ACRE SITE S:\MYDOCSl3664W02\005TwwAnt Agrcement_02.wpd cd: U3010g1hd:4r/rog:15:25:05 O OD I 16813 1 OF 2 t 1 :•M�J F' • It 711_ A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 60 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 3, N.89'43W W. FOR 1976.57 FEET, THENCE LEAVING SAID NORTH LINE S.00.163M. FOR 1247.86 FEET TO A POINT ON THE WEST LINE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 60 THROUGH 61, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING THE PONT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG THE FEET; THENCE LEAVING THE WEST Lli THE EAST LINE OF TRACT 04X 91THROLOH 108, OF THE THENCE ALONG SAID EAST THENCE LEAVING SAIDrA3F"T BEGINNING OF THE PAtR( '138 CONTAINING 1 �ti�I�;�hi7•7 NE -OF SAID MARKET CENTER, S.00'1631`W. FOR 199.51 l SA9*M8V. FOR 655.01 FEET TO &#AOCK IN CODE .FLORIDA; T BOOK 32, PAGES DS OFN.00005VM FOR .5 FEET. z IN1>I91 -- - E. FOR .61 TEET; TO THE POINT OF BEARINGS ARE BASED"" E NORTH UNE OFXORTHEAST DARTER (114) OF SECTION -3, TOWNSHIP 5D SOUTH, , 25 EAST AS BEIN' 2"4If, NORTH AMERICAN DATUM 1999 AQNSTMEVT STAlro P- �lE COORDINATE FLORIDA EAST ZONE 0901. NOT VALID WITHOUT THE ORIGINAL S16NIR'ITj $RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY N. UNE OF TWP. 49 S. N.E. 1/4 Twp. 50 S. DA�{S BLVD -A.K.A.-S.R. i Y MYSTIQUE U $ FOUO NO 34690D40006. .x V � w a f -189468"E ii5S:6T t EAST UWE OF TilACT C—z ' 41� �' 89'36'18 W 655.01 ll�lNL111IOICN! BLVD • BOULEVARD R.O.W. - RMI OF WAY P.OA v PONT OF BMUNG P.O.C. - POW OF COMMENCEMENT TWP. - TOWNSHP D.E. - WROWE EASEMENT SEMION CORNER RANGE r. N W E S 0 75 150 GRAPHC SCALE 1"- 15W 16813 (BEARING BASIS) ' P.O.C. MARKET CENTER PLAT �� ER IROE 25 E. 0 m ri N 3WEST UNE OF MARKET CENTER PLAT m W ►.s. a � eo--s� r N �1 tY { UNE TABLE NUNE BEARING LENGTH Li S0096'31"W 1 199.51 N00'06'06"E 1 199.51 07 CUENT. ALA 1?.141,WATERWAYS JOINT VENTURE VII 0` j I � > M.A.S. �` SKETCH TO ACCOMPANY LEGAL DESCRIPTION °6fDVftwFM*W%&ft2W 3 ACRE POND SITE NWiM Flo AN109 " i m ;° NUMBER: 05011 ?.00.03 ; 2 2 0009 EXHIBIT "D" THE COUNTY DRAINAGE EASEMENT AREA i F Oo S-.WYD0CSU6"W2%D05TAscmaivt AVeemem_02.wpd cd:150/08/hd:4/7/08:15:25:05 z- I OF LEGAL DESCRIPTION DRAINAGE EASEMENT A PARCEI. OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 25 EAST. COLLIER 0OUNTY, FLORIDA, OEM MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMINENCINIG AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 5D SOUTH, RANGE 28 EAST. COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (19) OF SAID SECTION 3, N.W43' M. FOR J978.67 FEET. THENCE LEAVING SAID NORTH LINE &OVInIV. FOR 102A9 FEET TO A POW ON THE WEST LINE OF MAltKET CENTER. AS RECORDED IN PLAT BOOK 41, PAGES 80-61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALSO BEING A POINT ON THE FUTURE SWM RIGHT-OFLWAY LINE OF DAVIS BOULEVARD YLICA &R. 84� AND ALSO BEING THE POW OF BEG110018 OF THE DRAINAGE EASEMENT HEREIN DESCI:UBED, ...... ... THENCE OOWff.IE ALONG TH4��,06'of(i* '4wcENTERs-winrw.FoR 1.145.18 FEET. THENCE LEAMVI THE WEST' -'WMVW. FOR I&OD FEET. ,"' SAID MARKET THENCE PARALLEL WITK?f WEST LINE OF MARKET C84TEA KCN"10E. FOR 1,144.73 FEET. TO A POINT OF CURVATURE.,,,," THENCE FA&rEFtLy i5bi NON -1 �M�Al. CIRCLLA.R. CURVE TO A& THE RIGHT. HAVING Rb A-DILIS- I A I ANGLE OFOVIVIrAND BEING SUBTENDED DYA -� 15.8l FEET. TO THE POINT OF BEMNINIG OF THE DRAI h CONTAINING 17,174 SQUARE OR "'M(*4ORE su a) = TO E As a* ND RESTRICTIONS BEAROM ARE BASEDNORTH LINE OF THE EAS (114) OF SECTION 3. TOWNSHIP 50=,,,"=40It EAST ASBEING N NORTH AMERICAN DATUM iMADAW I , PDORDINATE SYSTEM. p ,FOR FLORIDA EAST TONE 0901. EMBOSSED SEAL OF A FLORIDA -'OROFESSK*IALSURVEYORANDMAPPER. 4 16813 SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY OF TWP• 49 S. N89'4332"W 1978.57 4 Tw. 5a S. (BEARING BASIS) 84 NX P.O.C. KL CORNM LYD.-A.K.A.-S.R. MAFMT CENM PUT — .-' — -j sEmm 3. I P.OJL ROE 26 L1 F117lJRE south RAVL ST UNE OF LNE Of DAYS ..MARKET FEND. (SR.E T 7M41 O 00- r 1 y1 R3 � u � Q " 'gypt 0 31 N WE aeRra�Ivalae BLVD - SOUL ARO $ RAS. - Waft Of W \ PA & - Fm Of BENUMB PAA - PONIS Of COMMEWCEYENT 0 7b Ib0 TMP - TOS D.E. - OMAW EASEMD(rORAPFIC SCALE - sem" CORNER i'- 16d now DIXTA�' sF14 WATERWAYS JOINT VENTURE VII I `VII w �SKETCH TO ACCOMPANY LEGAL DESCRIPTION DRAINAGE EASEMENT 3� aE N 05Q117.OQ.03 2 2 0009 qa w c_" w b 0 CYN w EDIT "E" THE ACCESS EASEMENT AREA SWYDOM3664W02\OMEasement AVwment_02.wpd ed: U30 lVlyd:M7/08:15:25:05 16813 16 8 13 l OF 3 LEGAL DESCRIPTION 20' ACCESS EASEMENT A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA; THENCE ALONG THE NORTH UNE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 3, N.89.43WW. FOR 1978.57 FEET, THENCE LEAVING SAID NORTH LINE S.00 -1631°W. FOR 775.01 FEET TO A POINT ON THE WEST UNE OF MARKET CENTER, AS RECORDED IN PLAT BOOK 41, PAGES 60 THROUGH 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THE ACCESS EASEMENT HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID WEST UNE S.00.16'31"W. FOR 20.01 FEET; THENCE S.88'33'51"W. FOR 9.31 FEET, TGA POINT OF C 7RVATURE; THENCE WESTERLY 32.33 FEET, ALO G #� t�1!IC>t TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS �5F3�; NTRAL ANGLE OF 34.5702' AND BEING SUBTENDED BY A CHQRL1,,11 BEARS N.73'08`53.` 31.83 FEET, TO A POINT OF REVERSE CURVATURE; ' THENCE WESTERLY 19.41,1EET,`AALONG THE ARC OF A TANG , TIA CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 3.00 F , TH TOUGH �a ITRAL GLS OF 34'45'20' AND BEING SUBTENDED BY A CHORDWINCH BEA: Na73°01'02"V11. ICOR 19.1 FEET: THENCE S.89'36'18"W FOR 11,.3t:fEET,-T T, A E, THENCE WESTERLY 189 FTAL1G ISI. CIRCULAR CURVE TO THE LEFT. HAVING A RADIU OF;2.00 FEET, I H H ANLE OF 32'22'56" AND BEING SUBTENDED BY A CHO 1C�! F A 2 C7 °7 , FCO Iy 51= , TO A POINT OF REVERSE CURVATURE; ?;< THENCE WESTERLY 20 , ALONG THE ARC OFTANCENTIIL�GIRCULAR CURVE TO THE RIGHT, HAVING A RADIU .00 FEET, THROUGH A. AIaILE OF 31 °11'12" AND BEING SUBTENDED BY A CHORD° BEARS S.72°48'59"1N. FSR 24:,4°TET. TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY 7 ETCALONG THE AFDC OF TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS- 00 THR t"11°g., RAL ANGLE OF 88.48'39" AND BEING SUBTENDED BY A CHORD: $ 5"W. FOR 34.99 FEET; THENCE S.00'24'04"E. FOR 119.18 FEET, TOA POMFTTTO 'CURVATURE; THENCE SOUTHERLY 49.07 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 290.00 FEET, THROUGH A CENTRAL ANGLE OF 09041'40' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.05014'540E. FOR 49.01 FEET, TO A POINT OF REVERSE CURVATURE: THENCE SOUTHERLY 56.11 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 310.00 FEET, THROUGH A CENTRAL ANGLE OF 10°22'15' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.04'543rE. FOR 56.04 FEET; THENCE S.00'16'31"W. FOR 45.39 FEET, TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 70.16 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 89'19'47' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44"5625"W. FOR 6327 FEET, TO A POINT OF COMPOUND CURVATURE; THENCE S.89°36'18"W. FOR 417.35 FEET, TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 3927 FEET, ALONG THE ARC OF A TANGENTIAL. CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44°36'18'W. FOR 35.36 FEET; THENCE 8.00'23420E. FOR 93.00 FEET; THENCE S.89.36'16'W. FOR 20.00 FEET; THENCE N.00.23'42"W. FOR 93.00 FEET, TO A POINT OF CURVATURE; 0 rn cs+ 168 13 2OF3 THENCE NORTHEASTERLY 70.89 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.44'36'18'E. FOR 63.64 FEET; THENCE N.89'36'18"E. FOR 417.35 FEET, TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 38.98 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'19'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.44'56'25"E FOR 35.15 FEET; THENCE N.00'16'31'E. FOR 45.39 FEET, TO A POINT OF CURVATURE; THENCE NORTHERLY 52AS FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 290.00 FEET, THROUGH A CENTRAL ANGLE OF 10'22'15' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.04'5437'W. FOR 52.42 FEET, TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY 52.45 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 310.00 FEET, THROUGH A CENTRAL ANGLE OF 09'41'40' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.05'14'54"W. FOR 52.39 FEET; THENCE N.00624'041W. FOR 119.18 FEET;TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 69.75 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF W48'39' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.44.00'15"E. FOR 62.98 FEET, TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 9.80 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 18.00 FEET, THROUGH,A CENTRAL ANGLE OF 31'11'12" AND BEING SUBTENDED BY A CHORD WHICH N 72 -IF -''-FOR 9.68 FEET, TO A POINT OF REVERSE CURVATURE;_.`r� THENCE EASTERLY 29.39 FEFT = .O�Tk- ARC Or A - CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF FEET, THROUGH A C -ANGLE OF 32'22'56` AND BEING SUBTENDED BY A CHORD044 44 BEARS N.73'24'50"E. FOR 00 FEET; THENCE NM'36'18"E FOR 11.3 FEET, TO°A POtHT OF -CU RE THENCE EASTERLY 31.5+ FEST, A NG,TIiE ARC OFIA T ANGE RCULAR CURVE TO THE RIGHT, HAVING A RADIUS Ot !R.00 f EErMR(Q �.R L OF 34.45'20' AND BEING SUBTENDED BY A CHORD WHI 5 t$ Sti73'01`0 R 1, EETI TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 20DUL IG THE Ah A T�»VTIAI CULAR CURVE TO THE LEFT, HAVING A RADIO 0� :tE; SRO CE OF 34.43'28' AND BEING SUBTENDED BY A CH ilV f iICH BEARS S.T3 00'06E, FOR J9.701 ; THENCE N.88'3351'E.Off ,b, 4 FEET, TO THE POINT P BE0INNII 1, 'ACCESS EASEMENT DESCRIBED HEREIN. . CONTAINING 21,105 SQUTARI�lll OR 0.48 ACRE, MOREO)2�5� SUBJECT TO EASEMENTS AND BEARINGS ARE BASED ON THE NORTH UNE OF THE NORTHEAST QUARTER (1/4) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST AS BEING N.89.43'32'W,1983 NORTH AMERICAN DATUM 1999 ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE 0901. NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A REGISTERED PROFESSIONAL SURVEYOR AND MAPPER 9- C=> 0 ..P cyl rn F N W E S 0 75 ISO GRAPHIC SCALE V- 15W Y 0o m a 2 _ CL 9 QM N Om v V a �i EAST UNE OF TRACT C-2 0 I SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY N. LINE OF TWP 49 S. N.E. 1/4 TWp 50 S. AVIS BLVD.-A.K.A.-S.R. 84 s� L8 BLVD - BOULEVARD R.O.W. - RX#HT OF WAY P.0.8. - PONT OF BEGNNNG P.O.C. - POINTS OF COMMENCEMENT TMP. - TOWNSHIP L3 4 U E Ti4B LINE '� Q Q N L1 9 Zia L2 9.31 L3 N L4 4' 119.18 Z 45.39 ' 8'W 417.35 s� L8 BLVD - BOULEVARD R.O.W. - RX#HT OF WAY P.0.8. - PONT OF BEGNNNG P.O.C. - POINTS OF COMMENCEMENT TMP. - TOWNSHIP L3 4 U E Ti4B LINE '� NG` L1 9 -_. �2A.0 ,- L2 9.31 L3 11.32 L4 4' 119.18 LS 45.39 ' 8'W 417.35 2r 93.00 19.11- 20.00 32.00 8300 N 002- 417-35 C4 45.39 3191'1 ' 119.18 N i 11.32 L14 9.74 0.E - ORANAGE EASEMENT Rk- SECTION CORNER RANGE DIVA 434 Z t 1 S»cv '-, & M*prni 6610 Willow Pads Oda. sAm 200 NWIM Rix 34109 FAX: F�j'997.0678 1978.57 IASIS P.O.C. N.E. CORNER PLAT SECTION 3, TWP 50 S. RCE 28 E. WEST UNE OF '-MARKET CENTER PLAT PA 41 PG 60-61 W W N Y a 2 /14/07 CLIENT: cxx_150, WATERWAYS JOINT VENTURE VII MA.S. TRS SKETCH TO ACCOMPANY LEGAL DESCRIPTION '" M°A w 20' ACCESS EASEMENT 53 `�05016E E 3 of 3� NU4009 CUR1F TABLE �tl61 RADIUS DELTA LENGTH I C8 CD 53.00 34'&r-02- 3233 31.83 C2 3200 2r 19.41 19.11- C3 32.00 18.09 4' 17.85 C4 38.00 3191'1 ' 20.68 20.43 C5' 25 00 38.75 34.99 C6 290.00 49.07 4 49.01 C7 1 58.11 58.04 C8 9 '4 70.16 63.27 C9 39.27 35.36 C10 04&00 70.69 6564 Clt 9 r 3x98 3s.ts C12 1 •5249 52.42 C13 '41' 5245 52 39 C14 45.00 II84V3W 69.75 N4aW151 6298 C15 1&00 9.80 9.66 C16 52.00 29.39 7 29.00 C17 SZ 00 tU 31.54 31.06 C18 33.00 34,43*2a* 20.00 19.70 2 /14/07 CLIENT: cxx_150, WATERWAYS JOINT VENTURE VII MA.S. TRS SKETCH TO ACCOMPANY LEGAL DESCRIPTION '" M°A w 20' ACCESS EASEMENT 53 `�05016E E 3 of 3� NU4009 EXHIBIT "F" THE WWJWII DRAINAGE EASEMENT AREA g� ! { % b� e S: WYDOCSL3664\002U5Emcmcnt Agro ment_02.wpd cd:1/30/09//rd:4/ /08:15:25:05 168 13 a O r9Rb Q1 Oo 16813 INC 1 OF 2 18618 .AL \T TL i •AmiK •ViadizwAm •C"t amv*t LEGAL DESCRIPTION DRAINAGE EASEMENT A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH UNE OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 3, NW4riZW. FOR 2,638.09 FEET, ALSO BEING THE NORTH QUARTER (1/4) CORNER OF SAID SECTION 3; THENCE S.00*W42'W. FOR 146.43 FEET, TO THE NORTHEAST CORNER OF TRACT C-2, CEDAR HAMMOCK, RECORDED IN PLAT BOOK 32, PAGES 91 THROUGH 108, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE TO THE POINT OF B THENCE LEAVING SAID THENCE 5.00.06'06" W. I THENCE 5.8 -NIS-W. I THENCE N.00'0OWE. 0 BEGWNING OF THE DIS CONTAINING 12,985 SUBJECT TO BEARINGS ARE BASED ON TOWNSHIP 50 SOUTH, RAS 1996 ADJUSTMENT STATE LINE, N.8 OW18'E. RESTRICTIONS NORTH UNE OF T 6 EAST AS BEING TRACT G2 FOR 1,108.90 FEET, EIN DESCRIBED; ', TO THE POINT OF IARTER (1/4) OF SECTION 3, NORTH AMERICAN DATUM FLORIDA EAST ZONE 0901. NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. yy•• •r- faMl W OFESSIONAL SURVEYOR AND MAPPER LS# 5301 JI ' rs" �. •.tit 8610 W®ow Park Ddw. Sulo 204 Nepw, Fait 34109 • Io 697.0575.18x: pM 597-0578 Www4 IIBw-iYi®.C= 0 FP Cr1 1681.3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION LINE THIS IS NOT A SURVEY LENGTH N. 1/4 N89'43'32"W 638,09 TOWNSHIP 49 S. CORNER 1 3 (BEARING BASIS TOWNSHIP 50 ! P.O.C. SECTION 3 I 11,64, N i•MSECTION � '`-- CORNER 3. 1 I P c^ N. UNE OF N E 1 A TWP 50 s RGE 26 E op`v`S of NE CORNER OR ER i i i N W E S 0 75 130 GRAPHIC SCALE CEDAR 150' P.B. 3 TRACT C-2 AOMWMTXM BLV - BOULEVARD R.O.W. RMIT OF WAY P.O.B. - POINT OF BEGMING P.O.O. POINTS OF COMMENCEMENT l41P TOWNSHIP ' D.E DPAK44E EASEMENT ROE RANGE + SECTION CORNER f�0? EAST LINE TRACT,O; N10CKx -108 Ri(ATION SOUTH R.O.W. LME S.R. 84 co FOLIO NO. UNE TABLE LINE BEARING I LENGTH L1 00 'W 1108.90 L2 N89'36'1 WE 15-00 L3 S89'36'18'W 1500 NORTH LINE OF CEDAR HAMMOCK UNIT 2 DIXTACLIENT: WATERWAYS JOINT VENTURE VII L:l I t W 16 S�smvayigg M*Pbv �: SKETCH TO ACCOMPANY LEGAL DESCRIPTION M0VMWPmkDft&A = mwb% Roft 34109 J.J.H. DRAINAGE EASEMENT �z , ;° 050117.00.03 N �, 2 2 0009 OF am INSTR 4570009 OR 4688 PG 1942 RECORDED 6/3/2011 4:12 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $11,200.00 REC $44.00 CONS $1,600,000.00 THIS INSTRUMENT PREPARED BY: W. Jeffrey Cecil, Esquire Porter Wright Morris & Arthur LLP 9132 Strada Place, Third Floor Naples, Florida 34108-2683 (239)593-2900 WARRANTY DEED THIS INDENTURE, made this 1" day of Nall , 2011, by and between WATERWAYS JOINT VENTURE V , a .hwlorida Partners ip, whose address is 15489 Summit Place Circle, Naples, Florida 34113 �'t�,Rad"HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., wha v. ass 1s+ 11145bµ Trail East, Naples, Florida 34113, GRANTEE. (Wherever used herein, the and the heirs, legal represer WITNESSETH, that and other good and Val whereof is hereby acknoN and confirms unto the Gr wit: N i b. SEE ATTACHED EXHIBIT'"A'w� hereby grants, b that certain land the parties to this instrument and assigns of corporations.) e sum of Ten Dollars ($10.00) paid by Grantee, the receipt ;ns, remises, releases, conveys in Collier County, Florida, to Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 2010. Parcel I.D. Number: 34690040006 AND the Grantor does hereby fully warrant the title to said land, and will defend the same against any lawful claims of all persons whomsoever. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To HAVE AND To HOLD the same in fee simple forever. OR 4688 PG 1943 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal on the day and year first above written. Signed, sealed and delivered in our presence: Printed Witness STATE OF FLORIDA COUNTY OF COLLIER The foregoing in 2011, by Richard Dav [Lwherls personally kn as identification. (SEAL) Waterways Joint Venture VII, a Florida partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership, a General Partner By: Waterways Development, Inc., a Florida corporation, its Genera Partner By: Richard Dave ort, President 4 rfJ Y 4 vt'legi befe', znf 'resident of Water ys Joint e or [ ] who pro ' ed," ",eco t.� � EE �1�Notary POW �-Nz�-day of re VII, a Florida Partners ip, Notary Public Printed Name: My Commission Expires: OR 4688 PG 1944 EXHIBIT A LEGAL DESCRIPTION REMAINDER PARCEL ON A PARCEL OF LAND LYING I SECTION 3, TOWNSHIP'S COUNTY, FLORIDA, BEING M R „PART CULARLY-DESCI COMMENCING AT THE jNORTFWAST 'ORNN 1 0 S C 'Il EAST, COLLIER COUNTY OLID, HANI ONU "I I] QUARTER (1/4) OF SAID ` SE'C 1� 3, N'R43 ' . FOI 4 NORTH LINE S.00016'31'WAJOR 102.49 FEET TC1�A POIN' CENTER, AS RECORDED'10 BOOK 41, PAGE A O T�IR OF COLLIER COUNTY, FL �,,D' A, ALSO BEING TSE 'G t HEREIN DESCRIBED; STH, RANGE 26 EAST, COLLIER 3E6AS FOLLOWS: WNSHIP 50 SOUTH, RANGE 26 'H LINE OF THE NORTHEAST EET, THENCE LEAVING SAID 'HE WEST LINE OF MARKET 61, OF THE PUBLIC RECORDS BEGINNING OF THE PARCEL THENCE CONTINUE ALONG THE WE -T-LIEF-OR"SAID MARKET CENTER, S.00016'31"W. FOR 1145.18 FEET; THENCE LEAVING THE WEST LINE OF SAID MARKET CENTER, S.89°36'18"W. FOR 655.61 FEET TO THE EAST LINE OF TRACT C2, CEDAR HAMMOCK PLAT, AS RECORDED IN PLAT BOOK 32, PAGES 91 THROUGH 108, OF THE PUBLIC RECORDS OF RECORDS OF COLLIER COUNTY. FLORIDA; THENCE ALONG SAID EAST TRACT LINE, N.00°06'06"E. FOR 1057.37 FEET TO AN INTERSECTION WITH A NON-TANGENTAL CURVE; THENCE EASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT, A DISTANCE OF 666.88 FEET, HAVING A RADIUS OF 3,174.04 FEET, THROUGH A CENTRAL ANGLE OF 12°02'17" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.82001'43"E. FOR 665.65 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. OR 4688 PG 1945 Prepared by: W. Jeffrey Cecil, Esq_ Porter, Wright, Morris & Arthur, LLP 9132 Strada Place, Third Floor Naples, Florida 34108 RESOLUTION OF THE PARTNERS OF WATERWAYS JOINT VEMFURE VII WHEREAS: Robert Miller is President of DESK I, Inc., a Florida corporation, a General Partner of Waterways Joint Venture VII. WHF.RFAS: Brian Seligman is President of Bribro Ventures, Inc., a Florida corporation, a General Partner of Waterways Joint Venture Vt1. WHEREAS: Waterways Joint Venture VII wishes to sell the property described in Exhibit "A" attached hereto to Habitat for Humanity ofCollier.CounM Inc. Richard Davenport has Waterways Joint Ventu limited partnership, a its General Partner, by' in connection with they County, Inc. o MAPLFSM7130v.1 VF ^^*X to sign the Warranty De as a )incus, Ltd., a Florida a Florida corporation, laet°for Humanity of Collier "".*Florida Corporation, a Of Miller, President Bribro Ventures, Inc., a Florida Corporation, a general partner of Waterways Joint Venture VII Brian Seligman, President *** OR 4688 PG 1946 *** Prepared by: W. Jeffrey Cecil, Esq. Porter, Wright, Morris & Arthur, LLP 9132 Strada Place, Third Floor Naples, Florida 34108 RESOLUTION OF THE PARTNERS OF WATERWAYS J01NT VENTURE VII WHEREAS: Robert Miller is President of DESN 1, Inc., a Florida corporation, a General Partner of Waterways Joint Venture VII. WHEREAS: Brian Seligman is President of Bribro Ventures, Inc., a Florida corporation, a General Partner of Waterways Joint Venture VII. WHEREAS: Waterways Joint Venture VII wishes to sell the property described in Exhibit "A" attached hereto to Habitat for Humanity PfCollier-Courq, Inc. IT IS THEREFORE RESOLVER tSO� 4VS t Richard Davenport has Waterways Joint Ventu limited partnership, a C its General Partner, by in connection with the County, Inc. NAPLE51597130v.1 to sign the Warranty u aterways t Hibiscus, Ltd., a Florida ilopmentnc., Florida corporation, to IabtatgIrmanity of Collier I, Tlic., 1 O da Corporation, a tisJt� Venture VII t Miller. President Strict School q � � � O AS [~ Q ofCollier Cou�`�� Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [N'] type of application request (one only): OSchool Capacity Review Exemption Letter QConcurrency Determination [] Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: vincenrAcres I. Project Information: Municipality: colliercounty Parcel ID#: (attach separate sheet for multiple parcels): 34469004000 Location/Address of subject property: southwest cornerof Davis Boulevard and Market Street Closest Major Intersection: Davis Boulevard and Market street II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Habitat for Humanity of Collier County (Attach location map) Agent/Contact Person. Nick Kouloheras (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 11145 Tamiami Trail East, Naples FL 34113 Telephone#: 239-775-0036 Fax: 239-775-0477 Email nkouloheras@habitatcollier.org I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. Owner or AtfAiorized Agent Signature III. Develonment Information Date Project Data (Unit Tv es defined on page 2 of application) Current Land Use Designation: Multi -family Proposed Land Use Designation: Single-family Current zoning: RMF -12 (10) Proposed zoning APLID Project Acreage: Unit Type: SF MF MH G G Total Units Currently Allowed by Type: 168 Total Units Proposed by Type.- 118 Is this a hasedro ect: Yes or No If yes, please complete page 2 of this application._ Date time stamp: Types of Reviews: School Impact Analysis: This review should be divided into two categories: - School Capacity Review (land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact.. a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. ENGINEERING December 16, 2015 Nancy Gundlach Principal Planner, Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 Subject: PUD Rezone Application Vincent Acres (PL20150001945) Ms. Gundlach: RWA, Inc. is pleased to submit, on behalf of our client, Habitat for Humanity of Collier County, this PUD Rezone (PUDZ) Application for the above referenced project. The Vincent Acres RPUD will be a flagship project for Habitat for Humanity that represents an evolution and enhancement over previous Habitat projects built in Collier County. The Vincent Acres RPUD will be located on 16.8 acres on the southwest corner of Davis Boulevard and Market Street. The applicant is requesting a rezone from RMF -12 (10) to Residential Planned Unit Development. The RPUD will allow for up to 7 units per acre and will allow up to 118 townhomes or 85 single-family homes. As shown on the master plan, the project will have public open spaces, a connected sidewalk network, pedestrian access to Davis Boulevard and Market Street, and a street tree program to allow for shaded sidewalks and street parking. The project incorporates traditional neighborhood design elements. Homes will be accessed by an alley way with rear loaded garages. The attached DCA describes the agreement between Collier County and the property owner where the County purchased a portion of the property to be used for a water management pond. The DCA and amendment further explain that the developer originally intended to use the pond parcel for future development, native vegetation preserve and wetland preserve credit. The developer conveyed a portion of the property to the county for impact fee credits and the waiver of the County's preserve requirement. See attached DCA. The following information is included for review and approval: 1. Seventeen (17) copies of this cover letter including Narrative Statement; 2. One (1) check in the amount of $16,750.00 for the RUD Rezone Application fee, Comprehensive Planning Consistency Review fee, Environmental Data Requirements -EIS Packet fee and Legal Advertising fee; 3. Seventeen (17) copies of the PUD Rezone Application; 4. Seventeen(17) copies of the Pre -Application Meeting Notes; 5. Two (2) originals of the Affidavit of Authorization, signed and notarized; 6. Two (2) originals of the Covenant of Unified Control, signed and notarized; 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com �� 7. Two (2) copies of the Completed Addressing Checklist; 8. Three (3) copies of the Warranty Deeds; 9. Two (2) copies of the List Identifying Owners; 10. Four (4) originals of the Boundary Survey, signed and sealed; 11. Seven (7) copies and three (3) CD's of the Transportation Impact Analysis (TIA); 12. Four (4) copies of the Access Easement from Market Street; 13. Four (4) copies of the Access Easement for maintenance; 14. Five (5) copies of the Environmental Data Report, including Aerial Photo with FLUCCS Map & Protected Species Survey; 15. Five (5) copies of the 2008 Environmental Impact Statement (EIS); 16. Four (4) copies of the Utilities Provision Statement (included in application); 17. Two (2) copies of the School Impact Analysis Application; 18. Seventeen (17) copies of the Completed Exhibits A -F; 19. Seventeen (17) copies of the Requested Deviations with Justifications; 20. Seventeen (17) copies of the Conceptual Master Site Plan and one (1) 8 V x 11" copy; 21. Five (5) copies of the Developer Agreement (DCA); 22. Four (4) copies of the Open Space Exhibit; and 23. Two (2) CDs containing entire submittal. If you have any questions or require further information, please contact me at 239-597-0575. Sincerely, RWA,Inc. Ashley Caserta Planning Project Manager cc: Nick Koulohera5 File 050117.03.02 Page 2 of 2 K:Q005\050117.03.02 Viottm Accts"UD&ER 0006 RPUDR..mg Applicatiom2015-06-XX Submittal#1\2015.12-15 MDZCover LU Submittal#l.docx yvm�w ENGINEERING February 23, 2016 Ms. Nancy Gundlach Principal Planner, Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Vincent Acres - PL20150001945 PUD Rezone (PUDZ) Application Submittal #2 Dear Ms. Gundlach: Please accept this letter in response to your insufficiency letter dated January 26, 2016 for the above subject project. This letter outlines responses to each comment including stipulations. Please find enclosed the following items in support of the response for the above subject project: 1. Seventeen (17) copies of this Response Letter; 2. Seventeen (17) copies of the revised Completed Exhibits A — F, strike-thru version; 3. Seventeen (17) copies of the revised Completed Exhibits A— F, clean version; 4. Seventeen (17) copies of the Requested Deviations with Justifications; 5. Five (5) copies of the revised Environmental Data Report; 6. Seven (7) copies of the Transportation Impact Statement; 7. Four (4) originals of the revised Boundary Survey; 8. Four (4) copies of Westport Commerce Center PUD; 9. Seventeen (17) copies of the Conceptual Master Site Plan and one (1) 8 %2" x 11" copy; and 10. Two (2) CDs containing the entire submittal. In reply to your review comments, we offer the following responses in bold: Addressing — GIS Review — Reviewed By: Annis Moxam Correction 1: Miscellaneous Corrections On Boundary Survey—That portion of SR 858 is now called Radio Lane, please correct. Response: The Boundary Survey has been updated to show Radio Lane. 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com 3W Rimtu- Engineering Stormwater Review — Reviewed By: Liz Gosselin Correction 1: The current boundary survey shows a 20 — foot access easement for maintenance of the pond south of the subject property. Please address how this access easement will be maintained through the proposed development. Response: The existing access easement is not used and will be vacated. The County is currently accessing the site through a gate in the southeast corner of the site. A new easement will be established before or during the PPL process. RWA is working with Marcus Berman to submit the application and select the appropriate new easement site. Environmental Review — Reviewed By: Summer Araaue Correction 1: PUD Document and Master Plan shall state the minimum acreage required to be preserved (Admin. Code Ch. 3 G.I. PUD Master Plan Contents #4). It is staffs suggestion to include reference to the Developer Agreement that no Preserve is required. Response: The following note has been added to the Master Plan notes section: Per the Developer Agreement dated February 20, 2007 between Waterways Joint Venture VII and Collier County, Florida, there is no native vegetation preserve requirement on this parcel. Correction 2: LDC 3.08.00. Environmental Data Requirements Revise the following Environmental Data (LDC 3.08.00): Change the hatching for the adjacent preserves on Exhibit 6 as the green does not show up in the printout. — Include the signed and recorded Developer's Agreement in the Environmental Data Report. Response: The hatching has been changed as requested, and the recorded DCA is included in the attached environmental report. Graphics — GIS Review — Reviewed By: Miriam Ocheltree Correction 1: Legal description doesn't match survey. There are 3 different written legal descriptions submitted. Exhibit D and Exhibit A — 1 describe the same parcels (however they are written differently), but the legal on the survey does not describe the entire parcels. The survey refers to the east side as being 1145.18 feet in length and the other 2 legals are for 2061.00 in length. Please explain the difference. Response: The legal description has been updated and is consistent throughout the application. Page 2 of 7 Ka2005 050117,03 02 Vincent Acra RPUD & ERP,0007 RPUD Rezone Application Sup mri\Ist Inmfficleocy!PUDZ Submittal rl2 Working Docummus,2016-02-23 PUDZ Cover Ur Submittal #2 dc. Transportation Pathways Review— Reviewed By: Laurie Beard Correction 1: Please provide written justification for Deviation #5, relief from LDC Section 6.06.02.A. Please include the width of the proposed sidewalks on Exhibit H. Response: Written justifications for all deviations have been submitted with this application. Sidewalks are labeled as five feet wide on Exhibit H. Zoning Review— Reviewed By: Nancy Gundlach Correction 1: Miscellaneous Corrections Please show the following on the Master Plan: - Amount of open space required and provided. (Please remove the definition of open space. It must be provided as defined by the LDC.) —The maximum number of units and the unit mix. Response: The Master Plan has been revised accordingly. Correction 2: Miscellaneous Corrections Please submit Deviation Justifications. Response: Deviation justifications are included with this submittal. Correction 3: Miscellaneous Corrections Exhibit B: Please define the side yard for Recreational Area more clearly. — Please add foot note number 4 description or remove it from the Development Standards Table. - Is the Accessory Structures Minimum Side Yard "SPS" as stated in the Table or is it as described in footnote #2? Please reconcile. Response: The development standards table has been updated. Correct 4: Miscellaneous Corrections Please incorporate the attached Zoning Red -lines into the PUD Document. Response: The zoning red -lines have been incorporated into the PUD document. Page 3 of 7 K 12005105011 03 02 Vimem Acres RPUD & ERP 0007 RPUD R¢one Application Support sl Insufficiency.PDD2 Submittal p2 Working Documems2016-02-23 PUDZ Cover Ur Submittal N2.docx Landscape Review— Reviewed By: Daniel Smith Correction 1: The buffer along Market Street is required to be 15' Type B buffer unless the abutting property meets this standard, then only a 10' Type A is required. If this is the case, add a note on the Master Plan that the neighboring track along Market Street meets Type B buffer requirement. Response: The adjacent tract has provided the 15' Type B Buffer, with Live Oaks, hedge and a wall. We have added a note on the PUD Master Plan and Landscape Plan (to be included with the PPL) that the adjacent parcel has provided the Type B Buffer. Correction 2: Regarding deviation #3, please supply listing of Palms used in the landscape plan that meet canopy standards. Response: • Royal Palms Roystonea elata 1:1 basis • Sabal Palms Sabal palmetto 3:1 basis • Montgomery Palm Veitchii montgomeryana 3:1 basis • Christmas Palm Adonidia merrillii 3:1 basis or triple trunk=1 Note that not all these palms are shown on the Landscape Plan, but maybe considered for use by Owner County Attorney Review — Reviewed By: Nancy Gundlach Correction 1: Miscellaneous Corrections Please incorporate the comments regarding the PUD Document attached to the "Request for Legal Services' into a revised PUD Document. Response: The comments from the RLS have been included in the revised PUD document. Transportation Planning Review — Reviewed By: Michael Sawver Correction 1: Rev.1: Reference deviation 5 (see also sidewalk/pathway reviewer comments). Please submit in preferred deviation format including specifically providing justification for the deviation. In this case indicate how specifically the alternative sidewalk layout is more beneficial to the community and provide linear sidewalk length comparison standard LDC vs. alternative/as proposed (the alternative should be close to a comparable length but can be justified if providing a higher benefit or greater degree of connection/interconnection/higher level of activity potential for the community. Response: The deviation justifications have been included with this submittal. Page 4 of 7 K:%2005,05011703 02 Vincent Acres RPUD & ERP%0007 RPUD R¢one Application Suppm\Ib> InsuffciencySUDZSnbminal p2 Working Doenments\2016-02-23 PUDZ CoverLtr Submittal i2.dacx - WA - Correction 2: Rev.1: Reference Attachment A; please revise the transportation elements/tables pages 3-4 so that they are readable. Response: The TIS has been revised and resubmitted with this application. Correction 3: Developer commitments made as a condition of zoning are not adequately addressed. Rev 1: Provide a developer commitment that limits the proposed development to 92 unadjusted two — way PM weekday peak hour trips for consistency with TIS provided. Response: The commitment has been added to the PUD document. Correction 4: Developer commitments made as a condition of zoning are not adequately addressed Rev.1: Provide a developer commitment to pay fair share cost of the required/warranted traffic signal at Davis and Market. Please use standard language acceptable to CAO, if you do not have this language staff will provide typical. Response: The commitment has been added to the PUD document. Stipulation: No additional trips allowed onto Market Street until the traffic signal is installed at Davis Boulevard and Market Street. Response: The Vincent Acres project is not affiliated with the requirement for the traffic signal as noted in the Westport Commerce Center PUD. Collier County Ordinance 05-62, Westport Commerce Center, section 7.2 K states: "If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO." Therefore, the neighboring PUD is responsible for the traffic signal at Market Street. Habitat for Humanity of Collier County is not responsible for the improvements. See attached Westport Commerce Center PUD that has been included with this submittal. Page 5 of 7 KA2005050117 03 02 Vimm Ames RPUD & ERP 0007 RPUD Ramtu Application Suppon Ist I.ffcienrytPUDZ Submittal 42 Workm, Doeummis\2016-02-23 PUDZ Cover Lir Submittal d2.docx YWk m ,„ Comprehensive Planning Review — Reviewed By: Corby Schmidt Correction Comment 1: Developer Commitment H: Revise commitment to remove, "controlling entity (developer or HOA)" and replace with, "owner, successor and assigns," as this commitment may be contractually assigned at a later date. Response: There is no Developer Commitment H within the PUD exhibit. General Comments — By: Nancy Gundlach 1. Additional comments or stipulations may be forthcoming once a sufficient application has been submitted for review. Response: Acknowledged. 2. Please be advised that pursuant to the LDC, an application can be considered closed if there has been no activity on the application for a period of six (6) months. That six months period will be calculated from the date of this letter. Response: Acknowledged. 3. Please ensure that all members of your review team that may testify before the CCPC and BCC are registered as lobbyists with the county pursuant to the regulations regarding that issue. Response: Acknowledged. 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. Response: Acknowledged. 5. Please put revised dates on all exhibits and in the title block of the Site Plan. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. Response: Acknowledged. 6. Please provide electronic copies of the documents and exhibits (Word orjpg, as appropriate). Response: Acknowledged. 7. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. Response: Acknowledged. Page 6 of 7 Kf.20051050117.03.02 Vmt,ml Acrn RPUD & ERP0007 RPUD Remm, Application Support\1st lwvfficmm,y%PUDZ Submittal e2 Working Docummts,2016-02-23 PUDZ Cover Ltr Submittal #2 &tc -Rw-k 8. Public hearings cannot be held until a Neighborhood Information Meeting (NIM) has been held. Please contact me to arrange that meeting. As you prepare for that meeting, please be aware of the following items: a. Please provide the required affidavit and its attachments prior to the meeting (in compliance with the LDC); and b. Please post signs to direct attendees to the exact meeting location; and c. Please ensure that there is sound amplification equipment available and working for this meeting. If there is no permanent equipment, please bring a tested/working portable microphone; and d. Due to county staff restrictions, you, as the agent, will be required to provide a written synopsis of the meeting that includes a list of all questions and answers as well as providing the audio/video tape; and e. Please prepare documents for hand out to all NIM attendees and the public hearing file, that show the differences in the uses that would be allowed in the existing and proposed zoning districts. This request is based upon recent CCPC direction. Response: Acknowledged. 9. Note the adopted fee schedule requires payment of additional fees for petitions that require more than four resubmittals; please contact the appropriate staff and resolve issues to avoid this fee. Response: Acknowledged. We trust the enclosed information is sufficient for your review and approval. Should you have any questions or require additional information, please contact our office at (239) 597-0575. Sincerely, RWA, Inc. Ashley Caserta, AICP Planning Project Manager cc: Nick Kouloheras File 050117.03.02 Page 7 of 7 K\2MM0117.03.02 Vinam Att RPUD @ ERP\0007 RPUD Re a Application Support\1st 1o¢uaick ocy\PUDZ Submittal 92 Working DocumantiQ016-02-23 PUDZ Cover Ur Sub ictal #2.d . ywww�k ENGINEERING April 28, 2016 Ms. Nancy Gundlach Principal Planner, Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Vincent Acres - PL2015O001945 PUD Rezone (PUDZ) Application Submittal #3 Dear Ms. Gundlach: Please accept this letter in response to your insufficiency letter dated March 29, 2016 for the above subject project. This letter outlines responses to each comment including stipulations. Please find enclosed the following items in support of the response for the above subject project: 1. Seventeen (17) copies of this Response Letter; 2. One (1) copy of the Developer Agreement between Waterways Joint Venture and Collier County; 3. Seventeen (17) copies of the revised Completed Exhibits A — F, strike-thru version; 4. Seventeen (17) copies of the revised Completed Exhibits A — F, clean version; 5. Seventeen (17) sets of the revised Master Plan, Full Size (24" x 36") and one (1) reduced size; and 6. Two (2) CDs containing the entire submittal. In reply to your review comments, we offer the following responses in bold: County Attorney Review — Reviewed By: Heidi Ashton-Cicko Correction 1: Please provide copy of the developer agreement between Waterways Joint Venture and Collier County referenced in Master Plan footnote number 3. Response: See attached DCA documents. Correction Comment 2: Please incorporate the comments regarding the PUD Document attached to the "Request for Legal Services" into a revised PUD Document. Response: The requested edits have been incorporated into the PUD Exhibits document. 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com -R-W-- Stormwater Planning Review — Reviewed By: Liz Gosselin Stipulation: • Stormwater Planning Review's Comments and Stipulation for approval: As previously discussed with the applicant, the pond located south of the subject property is owned by the County and maintained by FDOT. A legal access easement from the dedicated right- of-way to the pond property must be granted to the County. The following language for Stormwater Management Commitment shall be included in the PUD document: "A legal access easement from the dedicated right-of-way to the pond property, for maintenance of the County owned pond located south of the PUD property, shall be granted to the County before or during the plotting process, and prior to beginning the site development review process'. Response: Per email and phone call on 4/13/2016 with Liz Gosselin, the following commitment has been added. A legal access easement from the dedicated right-of-way to the pond property, for maintenance of the FDOT owned pond located south of the PUD property, shall be granted to FOOT before or during the plotting or site development process, whichever shall apply. Transportation Review— Reviewed By: Mike Sawyer Stipulation: No additional trips are allowed onto Market Street until the traffic signal is installed at Davis Boulevard and Market Street. The following commitment is a draft of proposed language for inclusion to the PUD doc: "B. No building CO for this development will be allowed until the traffic signal at Davis Boulevard and Market Street is constructed and operational." Response: The Westport Commerce Center PUD, Collier County Ordinance 05-62, Westport Commerce Center, section 7.2 Kstates: "If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-cf-woy or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO." Therefore, the neighboring PUD is responsible for the traffic signal at Market Street. Habitat for Humanity of Collier County is not responsible for the improvements. We request that this condition requirement be removed. If not, we respectfully agree to disagree and request that we address this issue prior to or at public hearing. At this time, we are requesting to be found sufficient and to be scheduled for CCPC. Comprehensive Planning Review — Reviewed By: Corby Schmidt, AICP Informational Comment: Please find the attached Consistency Review dated March 24, 2016. General Comments — Nancy Gundlach 1. Additional comments or stipulations may be forthcoming once a sufficient application has been submitted for review. Page 2 of 3 K 2005011703 02 Vlnccni Acres RPUD & ERP0007 RPUD Rezone APPLcation Suppon 2nd Im'ufficlwcy 2016-04- PUDZ SA.m,wl x32016 0427 PDDZ Cuter LV S.W.,,.l a3 d... Response: Acknowledged. 2. Please be advised that pursuant to the LDC, an application can be considered closed if there has been no activity on the application for a period of six (6) months. That six months period will be calculated from the date of this letter. Response: Acknowledged. 3. Please ensure that all members of your review team that may testify before the CCPC and the BCC are registered as lobbyists with the county pursuant to the regulations regarding that issue. Response: Acknowledged. 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. Response: Acknowledged. 5. Please put revised dates on all exhibits and in the title block of the Site Plan. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be refected. Response: Acknowledged. 6. Please provide electronic copies of the documents and exhibits (Word or jpg, as appropriate). Response: Electronic copies are included with this submittal. 7. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. Response: Acknowledged. We trust the enclosed information is sufficient for your review and approval. We request to be found sufficient and to be scheduled for the next available Collier County Planning Commission hearing. Should you have any questions or require additional information, please contact our office at (239) 597-0575. Sincerely, RWA, Inc. Ashley Caserta, AICP Planning Project Manager cc: Nick Kouloheras File 050117.03.02 Page 3 of 3 K.12005M0117.03.02 Vmcm Acres "UD & ER 007 "UD Rezone Application Suppon�I uRciency\2016-04-xx PUDZ Sum Wal N3�016-0 -27 PUDZ Cover Ur Sub tlal 43.docx ywww��k ENGINEERING June 10, 2016 Ms. Nancy Gundlach Principal Planner, Zoning Services Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Vincent Acres - PL20150001945 PUD Rezone (PUDZ) Application Submittal #4 Dear Ms. Gundlach: Please accept this letter in response to your insufficiency letter dated June 2, 2016 for the above subject project. This letter outlines responses to each comment including stipulations. Please find enclosed the following items in support of the response for the above subject project: 1. Seventeen (17) copies of this Response Letter; 2. Seventeen (17) copies of the PUD Exhibits document; and 3. One (1) cd containing electronic version of submittal documents In reply to your review comments, we offer the following responses in bold: County Attorney Review — Reviewed By: Heidi Ashton-Cicko Correction 1: Regarding the access to Market Street: Please provide proof of road easement over Tract L-2 of the plat of Market Center recorded in CR Book 41 pages 60-61. Response: Per June 9 email from County Attorney Heidi Ashton-Cicko, the Market Center Access Easement that was submitted with the first submittal is sufficient. Correction Comment 2: Please see the attached comments to the PUD Document that is attached to the "Planned Unit Development Rezone ROUTE SHEET." Response: The comments have been incorporated into the PUD Exhibits document and included with this submittal. General Comments— Nancy Gundlach 1. Additional comments or stipulations may be forthcoming once a sufficient application has been submitted for review. 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com Response: Acknowledged. 2. Please be advised that pursuant to the LDC, an application can be considered closed if there has been no activity on the application for a period of six (6) months. That six months period will be calculated from the date of this letter. Response: Acknowledged. 3. Please ensure that all members of your review team that may testify before the CCPC and the BCC are registered as lobbyists with the county pursuant to the regulations regarding that issue. Response: Acknowledged. 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. Response: Acknowledged. 5. Please put revised dates on all exhibits and in the title block of the Site Plan. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. Response: Acknowledged. 6. Please provide electronic copies of the documents and exhibits (Word or jpg, as appropriate) Response: Acknowledged. 7. A partial resubmittal cannot be accepted; please do not resubmit until you can response to ALL review comments. Response: Acknowledged. We trust the enclosed information is sufficient for your review and approval. We request to be found sufficient and to be scheduled for the next available Collier County Planning Commission hearing. Should you have any questions or require additional information, please contact our office at (239) 597-0575. Sincerely, RWA, Inc. Ashley Caserta, AICP Planning Project Manager cc: Nick Kouloheras File 050117.03.02 Page 2 of 2 Kf2005,05011] 03.02 Vincent Acres RPUU & ERP 0007 RPLID Rezone Appheauon Suppo ,3rd insuff icncy:Sub.m.14 Working Docs2016-06-10 PUDZ Cover Ur Sub... docx ORDINANCE NO. 05- 62 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) KNOWN AS WESTPORT COMMERCE CENTER MUPUD, TO REVISE THE PUD DOCUMENT AND MASTER PLAN TO SHOW A REDUCTION IN THE INTENSITY OF THFr COMMERCIAL/RETAIL AND INDUSTRIAL SQUARE FOOTAGE, DELETE THE "ACCOMMODATIONS" LAND USE SUBDISTRICT AND INCREASE THE AMOUNT OF PRESERVE AREA, FOR PROPERTY LOCATED ON COLLIER BOULEVARD (C.R. 951) AND DAVIS BOULEVARD (S.R. 84), IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 97t ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 94-56, THE EXISTING WESTPORT COMMERCE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Agnoli, Barber & Brundage, Inc., and R. Bruce Anderson, Esquire, of Roetzel & Andress, representing Benderson Development Company, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MUPUD) in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in 2004-41, the Collier County Land Development Code, is/are hereby amended accordingly. Words stmelfthfe"h are deleted; words underlined are added. Page 1 of 2 SECTION TWO: Ordinance Number 94-56, known as the Westport Commerce Center PUD, adopted on October 18, 1994, by the Bodrd of County Commissioners of Collier County is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Westport Commerce Center MUPUD Document attached hereto as Exhibit "A". All other provisions of Ordinance Number 94-56 shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of %I /e-rnhe, /'2005. ATTEST: DWIGHT E. BROCK, CLERK -F�;'' Y" 1 4�ir,n 1 y Approved as to Form and Legal Sufficiency Marjie M�StudAent-St�irling Assistant County Attorney P U DZ -A -2004-A R -6092/C V /sp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: -L� w . FRED W. COYLE, CHAIR N Thls brdlnance filed with the Secre cry of State's Office the day NQ JhZ'D�b5 and acknowledgemt f `hot fii' g received thi day 0 6 cork - Words stmek !hr--ou are deleted; words underlined are added. Page 2 of 2 WESTPORT COMMERCE CENTER A PLANNED UNIT DEVELOPMENT 97.0+ Acres Located in Section 3, Township 50 South, Range 26 East Collier County, Florida PREPARED FOR: ANDREW J. SALUAN, TRUSTEE AJS Realty Group, Inc. 3800 Airport Road North Naples, Florida 33942 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. Wilson Professional Center 3200 Bailey Lane Suite 200 Naples, FL 33942 AMENDED FOR: RONALD BENDERSON 1995 TRUST and WR -I ASSOCIATES 570 Delaware Avenue Buffalo, NY 14202 AMENDED BY: AGNOLI BARBER & BRUNDAGE INC. 7400 Tamiami Trail North. Suite 200 Naples, FL 34108 ROETZEL & ANDRESS LPA 850 Park Shore Dr. Trianon Centre. 3rd Floor Naples FL 34103 DATE FILED January 5 1994 DATE REVIEWED BY CCPC 10-6-94 DATE APPROVED BY BCC 10-18-94 ORDIANCE NUMBER 94-56 AMENDED 2005-62 EXHIBIT `°A" TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP & GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III ZONE A - COMMERCIAL RETAIL SECTION IV ZOSTER Gr''OMNIOD n' !()w;S SERVED SECTION V ZONE C - INDUSTRIAL SECTION VI RESERVE SECTION VII GENERAL DEVELOPMENT COMMITMENTS I PAGE ii 1-1 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN EXHIBIT B AERIAL PHOTOG A T\TT , LOCATION MAP (AZ MB P, inle. F-ije-No, RA -46B) EXHIBIT C FLUCCS MAP ine. File , EXHIBIT D WELL EASEMENT LOCATION MAP ii STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Andrewj. -S ee Ronald Benderson 1995 Trust and WR -I Associates, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 97.0 + acres of land located in Section 3, Township 50 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be WESTPORT COMMERCE CENTER (WESTPORT). The development of WESTPORT will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted of the Growth Management Plan FLUE and other applicable regulation for the following reasons: The subject property is within the Urban -Commercial District/Activity Center Sub district and the Urban -Industrial District as identified on the Future Land Use Map as required in October 1, of the Future Land Use Element (FLUE) of the Collier County Growth Management Plan. 2. The subject property includes an Interchange Activity Center in which the land is zoned and designated Industrial. This site is a preferred location for the concentration of commercial and industrial land uses in a mixed-use development pursuant to the FLUE. 3. The FLUE allows for expansion of industrial uses adjacent to areas currently designated industrial, provided certain conditions are met regarding access, traffic circulation, and infrastructure provisions, which this project meets or exceeds. 4. WESTPORT is compatible with and complimentary to existing and future surrounding land uses as required in Policy 5.4 and under the Urban Industrial District of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE, except as specifically set forth herein. 6. The development of WESTPORT will result in an efficient and economical extension of community facilities and services as required in Policies 3.l .h. and 1. of the FLUE. 7. WESTPORT is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 8. The project will be served by a complete range of services and utilities as approved by the Countv. SHORT TITLE This ordinance shall be known and cited as the "WESTPORT COMMERCE CENTER PUD DEVELOPMENT ORDINANCE" iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of WESTPORT, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Westport, being approximately 97.0 acres, is legally described as follows: PARCEL A A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of Tract 2, Gator Gate Unit 2, as recorded in Plat Book 7, page 54 of the Public Records of said County; and a portion of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County Florida, all being more particularly described as follows: Commence at the East Quarter corner of said Section 3; thence S. 89020'05"W., 100.04 feet along the South boundary of said Northeast Quarter to the West right-of-way line of County Road No. C-951, according to State Road Department Right -of -Way Map Section 03510-2602, and the POINT OF BEGINNING; thence continue S. 89°20'05"W., 1201.06 feet to the Southwest corner of the East Half of the Northeast Quarter of said Section 3; thence N.00°29'21" E., 2456.56 feet along the West boundary of said East Half of the Northeast Quarter; thence N. 89042'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N.00°29'21" E., 300.00 feet to the South right-of-way line of State Road No. 84 (Davis Boulevard) per State Road Department Right -of -Way Map Section 03506-2601; thence S.89°42'03" E., 600.00 feet along said right-of-way line; thence S. 00°2921" W., 900.00 feet, parallel with the West boundary of the East Half of the Northeast Quarter of said Section 3; thence S. 89°42'03" E., 1012.86 feet, parallel with the North boundary of the Northeast Quarter of said Section 3, to the West right-of-way line of said County Road No. C-951; thence S. 00°51'53" W., 1836.42 feet along said right-of-way line to the POINT OF BEGINNING. Containing 58.04 acres, more or less. PARCEL B A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida: and a portion of the East half of the West Half of the Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County, Florida, all being more particularly described as follows: 1-1 Commence at the East Quarter corner of said Section 3; thence 5.89°20'05" W., 130 1. 10 feet along the South boundary of said Northeast Quarter to the Southeast corner of the West Half of the Northeast Quarter of said Section 3 and the POINT OF BEGINNING; thence N. 00°29'21" E., 2456.56 feet along the East boundary of said West Half of the Northeast Quarter; thence N. 89°42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N. 00°29'21" E., 300.00 feet to the South right-of-way line of State Road No. 84 (David Boulevard) per State Road Department Right -of -Way Map Section 03506- 2601; thence N. 89°42' 03" W.,136.44 feet along said right-of-way line to the beginning of a curve concave to the South having a radius of 3224.04 feet; thence WESTERLY, 122.97 feet along said right-of-way line and curve through a central angle of 2° 11'07" (chord bears S. 89`12'24" W., 122.96 feet) to the West boundary of the East Half of the West Half of the Northeast Quarter of said Section 3; thence S. 00°18'13" W., 2765.15 feet along said West boundary to the South boundary of the Northeast Quarter of said Section 3; thence N. 89°20'05" E., 650.55 feet along said South boundary to the POINT OF BEGINNING. Containing 38.77 acres, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the legal ownership of ewjaddFess is. ;& , R,_ ee_ vAlese 10`h Street;_Bentonville. AR 73716 and Ronald Benderson 1995 1Truast and ndrWR es East, LP 1301 SE Delaware Avenue,• Buffalo NY 14202 I Associates 570 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 3, Township 50 South, Range 26 East, and is generally bordered on the north by S.R. 84 and property zoned Industrial; on the east by C. R. 951; on the south by property zoned agricultural; and on the west by property zoned C-3 Commercial, RMF -12, Multi -Family Residential, and Agriculture. The location of the site is shown on Attachment 2 to the Application for Public Hearing. B. The zoning classification of the subject property prior to the date of PUD approval is I (Industrial), C-3 (Commercial Intermediate), RMF -12 (Residential Multi -Family) and A (Agricultural). C. Elevations within the site range from 9.6' to 11.2' above mean sea level with an average of approximately 10.5 feet. Per FEMA Firm Map Panel No. 120067- 0415D, dated June 3, 1986, the WESTPORT property is located within zone "X". Topographic mapping is shown on the Topographic Survey, Exhibit F. 1-2 D. The soil types on the site generally include Pineda fine sand Limestone Substratum and Boca fine sand. Soil Conservation Service mapping of soil types is shown on the FLUCCS and Soils Map, Exhibit C. E. Vegetation on site primarily consists of pine flatwoods, willow, cypress wetlands and melaleuca dominated areas. Detailed vegetation mapping is shown on the FLUCCS and Soils Map, Exhibit C. F. The project site is located within the Lely Canal Basin as depicted within the Collier County Drainage Atlas (May 1990). The general surface drainage pattern flows in a northeast to southwest direction which eventually discharges into the Lely Canal. The Conceptual Surface Water Management Plan is shown on Exhibit D. 1-; SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for WESTPORT, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES WESTPORT will include a mix of commercial, industrial, h„*�; stormwater management lakes. open spaces, and reserve areas. WESTPORT intends to establish project -wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall, buffers, berms and other similar features. The Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan $&-$ Me., FileTIe-Pq-24-6,). A Land Use Summary indicating approximate land use acreages is shown or. the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with I " I -_ ' ,-rSeetien 1-22-. Section 4.03.03 of the Collier County land Development Code. 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of WESTPORT shall be in accordance with the contents of this PUD Ordinance, applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) and Collier County Growth Management Plan which are in effect a the time of issuance of final development order. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of issuance of the first development order which would involve said definitions as set forth in paragraph 2.3.A. C. Development permitted by the approval of this petition will be subject to a concurrency- review under the Adequate Public Facilities Ordinance, AFtiele-T Divis " ' - Section 10.02.07 of the Collier County Land Development Code. 2-1 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the WESTPORT PUD Master Plan (Master Plan) are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code Section 4.03.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 1-2-4 4 1.04.03. G. The Site Development Plans Division of the Collier County Land Development Code (i4iele3, Division 34 Section 10.02.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3-4-10.02.03. 2.4 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate topography, vegetation, and other site conditions, subject to the provisions of tele 2, Division 2.7 Section 2.7.1-5 10.02.13 of the Collier County Land Development Code. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The determination as to whether a road shall be public or private shall be made by the developer at the time of final subdivision plat approval. Developer shall create appropriate property owners associations(s) which will be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of County Code regulating subdivisions, unless otherwise approved during subdivision approval. Developer reserves the right to request substitutions to Code design standards in accordance with Section 3-2-7:4 10.02.04 of the Land Development Code. 2.5 PROJECT DENSITY The total acreage of the WESTPORT is approximately 97 acres. The commercial retail uses occupy approximately 2-5-.7 39.3 acres with a maximum gross leasable floor area of 2-55A00 350.000 square feet. acres and will pfeN,iEle 150 heteblmett��. The industrial uses occupy approximately 2-2 344 8_0 — 12.4 acres with a maximum gross leasable floor area of 450,000 218.000 square feet. These described land uses are set forth on the PUD Master Plan, Exhibit A. 2.6 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this documents 2.7 EASEMENT FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.8 LAKE SITING As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal of the Master Plan is to achieve an overall aesthetic character for the Project, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the project; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Seel o„ 3.5.7 Article IV, Section 22-112 of the Collier County Code of Laws and Ordinances A. Setbacks: Excavations shall be located so that the top -of -bank of the excavation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval; 1. Twenty feet (20') from back of curb of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. 2. Fifty feet (50') from all PUD perimeter property lines. 2.9 OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shall be designed in accordance with Divisie Section 4.05.01 of the Collier County Land Development Code. 2-3 2.10 BUFFERS Minimum standards for buffers shall be in accordance with Division -2- .4 Section 4.06.01 of the Collier County Land Development Code in effect as the time final local development orders are requested, unless otherwise specified in this Section 2.10. All buffer setbacks shall be measured from platted lot boundaries. The following identifies the buffer according to land use type: A. External — 17 Buffer along SR84 (Davis Boulevard) and CR951 (Isle of Capri Road) is twenty feet (20'). Buffer adjacent to agricultural zoning is ten feet (10'). Buffer adjacent to RMF -12 zoning is fifteen feet (15') 47 Buffer adjacent to industrial zoning is fifteen feet (15') B. Internal Buffers on: 1. Commercial Parcels: b. 10' adjacent to industrial parcel C. 10' adjacent to internal right-of-way 2. d. 10' adjacent to internal Zone A parcels Industrial Parcels: b. 10' adjacent to commercial parcels C. 10'adjacent to internal right-of-way d. 10' adjacent to internal Zone C parcels C. The 15' wide landscape buffer adjacent to the internal right-of-way along the western property line shall contain a 6' high opaque fence or wall in addition to the required vegetation indicated in Section 2-.4-.7-.4 4.06.02'of the Collier County Land Development Code. 2-4 2.11 SIGNS Minimum standards for signs shall be in accordance with ;;,4 Section 5.06.01 of the Collier County Land Development code in effect at the time final local development orders are requested, unless otherwise specified in the Section 2.11. The following signs are permitted, per issuance of a building permit and subject to the below: Pole or Ground Signs — Single occupancy parcels, shopping centers, office complexes, or industrial parks having frontage of one hundred fifty feet (150') or more on a public street, shall be permitted on (1) pole, or two (2) ground signs. In addition, multiple occupancy parcels such as shopping centers, office complexes, or industrial parks containing twenty five thousand (25,000) square feet of more of grow leasable floor area will be permitted one (1) directory sign with a maximum size of two hundred fifty (250) square feet for a single entrance on each public street. I. Maximum allowable sign area — one hundred (100) square feet for each pole or ground signs, or a maximum combined area of one hundred twenty (120) square feet for two (2) ground signs, except for approved directory signs. 2. Setbacks — fifteen feet (15) from any property line, public or private right of way, or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. 3. Maximum allowable height — twenty five feet (25). Height shall be measured from the lowest center line grade of the nearest public or private right of way or easement to the uppermost portion of the sign structure. 4. The maximum size limitation shall apply to each sigh structure. Pole or ground signs may be place back to back, side by side, or in V -type construction with not more than on (1) display on each facing, and such sign structure shall be considered as on (1) sign. 5. Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolving and said light shines only on the owner's premises or signs and away from any right of way. 2.12 USE OF RIGHTS-OF-WAY Utilization of lands within all project right-of-way for landscaping decorative entrance ways and signage may be allowed subject to review and administrative approval by the Developer, and the Collier County Development Services Director for engineering and safety considerations. during the development review process and prior to any installations. 2-5 2.13 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in A#iele ^Divisi -��en 2-7, Seefien 2.'� Section 10.02.13 of the Collier County Land Development Code. 2.14 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provision as provided for within Miele 2 Tli•.� .� 2.7-oeetien"'7.3.4 Section 10.02.13 of the Collier County Land Development Code. 2.15 PUD MONITORING An annual monitoring report shall be submitted pursuant toje ^,D ZT seetion 2.7Section 10.02.13 of the Collier County Land Development Code. If hazardous products or wastes are generated, used or stored on the site, a containment plan for hazardous material handling and emergency response shall be required. An annual monitoring report shall be required on the types, quantities and disposition of the hazardous material. 2.16 SITE DEVELOPMENT PLAN APPROVAL The provisions of leD 3 n' Section 10.02.03 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2.17 IMPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees. Impact fee credits shall be granted to the Developer in accordance with the Read Impact Fee Ordinance 92.22 01-13, as amended. 2.18 DEDICATION AND MAINTENANCE OF FACILITIES The developer shall create appropriate property owner association(s) which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.19 OPEN SPACE REQUIREMENTS Pursuant to AAiele 2, Division c ti ^ ^^ Section 4.02.01 of the Collier County Land Development Code, at least thirty percent (30%) of the project shall be devoted to usable open space. The total project is 97.0 acres requiring a minimum 29.1 acres to be retained as open space. The open space calculation indicated on the PUD Master Plan identifies 29.1 acres included in the Reserve, lakes and miscellaneous buffers and open 2-6 space areas, which meets the requirement. 2.20 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to A,14ie1e piN;siefi 3.9-. Sectie I g i F, Section 3.05.07 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. Approximately 12.0 acres of the wetland reserve and 32.0 acres of the pin upland are impacted greater than fifty percent with melaleuca. Fifty percent of the combined 44.0 acres deducted from the total project area of 97.0 acres leaves 75.0 acres of viable natural functioning native vegetation within the PUD boundary. Therefore 18.8 acres (25% of the 75.0 acres) are required to be retained and are fully satisfied within the Reserve and miscellaneous buffers and open space indicated on the PUD Master Plan and not further preservation shall be required. 2-7 SECTION III ZONE A — COMMERCIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone A on Exhibit "A", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Zone A (approximately 23-5 39.3 acres) on the PUD Master Plan are intended to provide a maximum of 255,000 350,000 gross leasable square feet of various retail, service, and office commercial uses to serve residents in the surrounding areas as well as provide highway oriented facilities. The 24:0 30.9 + acre and 4.0 + acre commercial parcels located adjacent to C.R. 951 i -s are within an Interchange Activity Center designation in the Growth Management Plan (GMP). The permitted uses and structures for this these parcels are as indicated in the following Section 3.3. The 41-5 4.4 ± acre commercial parcel located adjacent to S.R. 84 is also within the Interchange Activity Center. The permitted uses and structures for this parcel are as indicated in Section 3.4. 3.3 PERMITTED USES AND STRUCTURES — 24.0 30.9 + ACRES AND 4.0 + ACRES ON C.R. 951 Nor building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures Amusement and Recreation Services (Groups 7911 — 7941, 7991, 7993). 2. Apparel and Accessory Stores (Groups 5611 — 5699). 3. Automotive Dealers and Gasoline Service Stations (Groups 5511 — 5599). 4. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7542). 5. Building Materials, Hardware and Garden Supplies (Groups 5211 — 5261). 6. Business Services (Groups 7311, 7313, 7319, 7322-7323, 7331-7338, 7361, 7363, 7371-7389). 7. Depository Institutions (Groups 6011-6099). 3-1 8. Eating and Drinking Places (Groups 5812-5813). 9. Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713, 8721, 8741-8743, 8749-8). 10. Food Stores (Groups 5411-5499). 11. General Merchandise Stores (Groups 5311-5399). 12, Health Services (Groups 8011-8049, 8082, 8093, 8099). 13. Holding and Other Investment Offices (Groups 6712-6799). 14. Home Furniture, Furnishings, and Equipment Stores (Groups 5712-5736). 15, Insurance Agents, Brokers, and Services (Group 6411). 16. Insurance Carriers (Groups 6311-6399). 17. Legal Services (Group 8111). 18. Membership Organizations (Groups 8611-6561, 8699). 19. Miscellaneous Repair Services (Group 7631). 20. Miscellaneous Retail (Groups 5912-5962, 5992-5999). 21. Motion Pictures (Groups 7833, 7841). 22. Nondepoitory Credit Institutions (Groups 6111-6163). 23. Personal Services (Groups 7211, 7212, 7215, 7219, 7221-7251, 7291, 7299). 24. Real Estate (Groups 6512, 6519-6553). 25. Recreation (Groups 7911-7933, 7941, 7993, 7997). 26. Security and Commodity Brokers, Dealers, Exchanges and Services (Groups 6211-6289). 27. Social Services (Groups 8322-8351, 8399). 28. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the DevelepmenDir-eett�e r4Ees e Board of Zoning Appeals determines to be compatible in this district. 3-2 B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 3.4 PERMITTED USES AND STRUCTURES — 44 4_4 + ACRES ON S.R. 84 No building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures I . Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Apparel and Accessory Stores (Groups 5611-5699). 3. Auto and Home Supply Stores (Group 5531). 4. Automobile Parking (Group 7521). 5. Business Services (Groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389, except auctioneering service, field warehousing, bottle labeling, packing and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 6. Child Day Care Services (Group 8351). 7. Drug Stores and Proprietary Stores (Group 5912). 8. Eating Places (Groups 5812 only). All establishments engaged in the retail sales of alcoholic beverages for on -premise consumption are subject to locational requirements of Sem ; Section 5.05.01. 9. Electrical Repair Shops (Group 7622 radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 10. Engineering, Architectural, and Surveying Services (Groups 8711-8713). 11. Food Stores (Groups 5411-5499) 12. Gasoline Service Stations (Group 5541 subject to Section 2.6.28 5.05.05. 13. Group Care Facilities (Category I and II); Care Units except for homeless shelters; and Nursing Homes, subject to nee -.-2-.6.26 Section 5.05.04. 3-3 14. Hardware Stores (Group 5251). 15. Health Services (Groups 8011-8049, 8082). 16. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). 17. Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 18. Insurance Carriers, Agents and Brokers Groups 6311-6399, 6411). 19. Legal Services (Group 8111). 20. Libraries (Group 8231). 21. Management and Public Relations Services (Groups 8741-8743, 8748). 22. Membership Organizations (Groups 8611-8699). 23. Miscellaneous Personal Services (Group 7291). 24. Miscellaneous Repair Services (Groups 7629-7631). 25. Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5922-5999). 26. Museums and Art Galleries (Group 8412). 27. Non -depository Credit Institutions (Groups 6111-6163). 28. Paint, Glass and Wallpaper Stores (Group 5231). 29, Personal Services (Groups 7211, 7212, 7215, 7216 non -industrial dry cleaning only, 7221-7251, 7291). 30. Public Administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511- 9532, 9611-9661). 31. Real Estate (Groups 6531-6541). 32. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261). 33. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). 3-4 34. United States Postal Service (Group 4311, except major distribution center). 35. Veterinary Services (Groups 0742, 0752, excluding outside kenneling). 36. Video Tape Rental B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 3.5 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred feet (100'). C. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25'). 2. All other yards: Fifteen feet (15'). 3. No structure will encroach into the required upland buffer surrounding the Reserve. D. Maximum Height: Thirty-five feet (35'), except for non-functional architectural elements (such as bell towers), which shall have a maximum height of fifty feet (50'). E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. F. Distance between principal structures: none, or a minimum of five feet (5') with unobstructe4d passage from front to rear yard. G. Minimum standards for signs, parking, lighting, and landscaping shall be in accordance with Collier County Land Development Code in effect as the time final local development orders are requested unless otherwise specified herein under Section 2.9, 2.10 and 2.11. 3-5 SECTION IV ZONEB - -- - 4.1 Reserved. B. Minimum I At lVidth. One llundr-edfifly4eeq-l-�. 4-1 a of tweet ee `7= 4-2 SECTION V ZONE C — LIGHT INDUSTRIAL DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone C on Exhibit "A", PUD Master Plan. 5.2 GENERAL DESCRIPTION Areas designated as Zone C on the PUD Master Plan are intended to provide a maximum of 4-50, 890 218.000 square feet of gross floor area of light industrial uses on 344 8.0 — 12.4 acres. The floor area ratio (FAR) for the designated industrial land uses is approximately .43, which is below the maximum allowed FAR of .45 required pursuant to the Activity Center sub -district requirements of the FLUE. The permitted uses and structures and development standards for the industrial land uses are similar to the standards required in and Industrial PUD, as set forth in Section 5.3. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. The permitted principal uses and structures will generally consist of corporate offices and headquarters, light manufacturing, processing and packaging, laboratories and clinics, and research, design and product development. I. Agricultural Services (Group 0782, 0783). 2. Apparel and Other Finished Products (Groups 2311-2399). 3. Automobile Rental, Leasing, and Parking (Groups 7513-7521). 4. Building Construction (Groups 1521-1542). 5. Business Services (Groups 7312, 7313, 7319, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 6. Communications (Groups 4812-4899) subject to ArAiE}e-2, D ''�" 2•�•�`T�`-5ection 5.05.09 of the Collier County Land Development Code, not to include free standing towers. 7. Construction -Special Trade Contractors (Groups 1711-1799). 5-1 8. Eating Places (5812). 9. Educational Services (8243-8249). 10. Electronic and Other Electrical Equipment (Groups 3612-3699). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 12. Fabricated Metal Products (Groups 3411-3479, 3491-3499). 13. Food and Kindred Products (Groups 2011-2099, except slaughtering plants). 14. Furniture and Fixtures (Groups 2511-2599). 15. Health Services (8011 accessory to industrial activities conducted on-site only). 16. Industrial and Commercial Machinery and Computer Equipment (3511- 3599). 17. Justice, Public Order, and Safety (Groups 9221, 9224, 9229). 18. Local and Suburban Transit (Groups 4111-4173). 19. Lumber and Wood Products (Groups 2426, 2431-2499). 20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (Groups 3812-.873). 21. Membership Organizations (Group 8611). 22. Miscellaneous Manufacturing Industries (Groups 39114-3995, 3999). 23. Motion Picture Production and Distribution (Groups 7812-7829). 24. Motor Freight Transportation and Warehousing (Groups 4212, 4213, 4215-4226 except oil and gas storage, and petroleum and chemical bulk stations). 25. Personal Services (Groups 7211-7219). 26. Printing, Publishing and Allied Industries (Groups 2711-2796). 27. Recreation (Group 7991). 5-2 28. Social Services (Groups 8331, 8351). 29. Transportation Equipment (Groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 30. Transportation Services (Groups 4731, 4783). 31. United States Postal Service (4311). 32. Miscellaneous Repairs (7622-7699). 33. Wholesale Trade -Durable Goods (Groups 5012-5014, 5021-5049, 5063- 5092, 5094-5099). 34. Wholesale Trade -Nondurable Goods (Groups 5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district, 5192-5199). 35. Any other light industrial use of service which is comparable in nature with the foregoing uses and which theDev m a4 T, Y Board of 7onins Appeals determines to be compatible in this district. B. Permitted Accessory Uses and Structures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than twenty percent (20%) of the gross floor area of the permitted principal uses. 5.4 DEVELOPMENT STANDARDS Minimum Lot Area: One (1) acre. Minimum Lot Width: One hundred twenty-five (25'). Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25). 2. All Other Yards: Twenty feet (20'). 3. No structure will encroach into the required upland buffer surrounding the Reserve. 4. Minimum Building Setback from Perimeter Boundary of PUD: 5-3 A. Fifty feet (50') for buildings up to thirty-five feet (35') in height. B. Three feet (3') for every one foot of building height over thirty- five (35') adjoining residential districts. D. Maximum Height: Fifty feet (50'). E. Minimum standards for signs, parking, lighting and landscaping shall be in accordance with Collier County Land Development Code in effect at the time final local development orders are requested, unless otherwise specified herein under Sections 2.9, 2.10 and 2.11. F. No outside storage or display shall be permitted, all manufacturing, etc., shall be conducted in a fully enclosed building. G. Fencing along property lines of platted lots and PUD boundaries shall be designed to be decorative and shall be constructed of materials such as but not limited to wood, concrete, masonry, vinyl, etc. 5-4 SECTION VI RESERVE 6.1 PURPOSE The purpose of this Section is to set forth regulations for areas within WESTPORT designated as Reserve on Exhibit "A", PUD Master Plan. 6.2 GENERAL DESRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate conservation and limited water management uses and functions. The primary purpose of the Reserve is to retain approved Collier County wetland systems. The boundary of the Reserve was established using the Collier County wetland jurisdiction delineation as depicted on Exhibit B, Aerial Photograph. 6.3 PERMITTED USES AND STRUCTURES No building or structure, part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures I • Open space/nature preserves. 2. Passive recreational areas and boardwalks. Biking, hiking, nature trails, excluding asphalt paved surfaces. 4. Water management facilities and structures. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Developmew 8eFAee&4Nfee4eF Board of Zonin Appeals determines to be compatible in the Reserve District. 6.4 RESERVE CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code 1Petin , 3 2 4%T,� Section 3.05.07 for preservation lands included in the Reserve. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve lands. Ih addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. 6-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the Conservation/Preservation areas, shall be submitted to Project Plan Review Environmental Staff for review and approval prior to final site plan/construction plan approval. 7.2 UTILITES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designated, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The utilities for the project's water distribution and wastewater collection systems shall be designed and constructed to connect the project to the District's facilities in accordance with County criteria and the County's Master Plan. D. In order to assure utilities serve to this project, the existing off-site water distribution and sewage transmission facilities of the District must be evaluated for hydraulic capacity and improved as required, consistent with the County's Master Plan. E. Develo er shall dedicate to the County an easement for a water well site in the location shown on Exhibit "D". F. Developer shall negotiate with Utilities Staff to cone a 30 -foot water main easement along Collier Boulevard C.R. 951),and to determine the feasibility of locating a second potable water well site within this easement 7.3 WATER MANAGEMENT A. A copy of South Florida Water Management District Permit or Early Work Permit with staff report is required prior to final site development pian approval. B. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided. 7-1 C. An Excavation Permit will be required for the proposed lakes in accordance with Article IV, Section 22-106 of the Code of Laws and Ordinances of Collier Cou!Lty, Florida and South Florida Water Management District rules. D. Prior to site development plan approval, a Big Cypress Basin (SFWMD) right-of- way permit allowing the crossing of drainage basin boundaries and allowing discharge into Henderson Creek shall be submitted. E. Authorization from South Florida Water Management District to direct stormwater runoff into the property to the south shall be provided prior to construction plan approval. F. A cross-section of perimeter berm shall be provided prior to preliminary subdivision plat approval. O. Prior to construction plan approval, it shall be demonstrated that Henderson Creek has the capacity to handle the discharge from Westport Commerce Center. 7.4 TRANSPORTATION A. ----------------- - --------- A. -- - in accordance with Florida Department of Trans iortatioln FDOTc Manual of be Uniform Minimum Standards MUMS current edition FDOT Desi n Standard current edition and the Manual on Uniform Traffic Control Devices (MT current edition. All other improvements shall be consistent with and as re uired by the Collier County Land Development Code (LDC) must be in place j2rior. to the issuance of thefirstCertificate of Oc ucanc 11(CLou 7-2 C. Master Plan are considered to be conce Vtual NothinG delCicted on an such Master Plan shall vest an, ,-;.,t,+ �� u�lli�u UUilii me review of required subsequent site plan or final plat submissions All such access shall be consistent with the Collier Count Access UQ- gement Polic Res. 01-247 as it may be amended from time to time and with the Collier Coun Lon -Range e Transportation Plan The number of access points constructed may be less than the number deniotPri nn +1, ,► t ..__ n, _ _ , _ shall be considered unless a PUD Amendment is toibea roces ed. D. Site-relatedim rovements as oosed to s stem -related _improvements necessary for safe in gr and a ess to this ro'ect as determined b Collier County, shall not be eligible for imnant FAA -A:.- A „ ___ . . . 14 E. Impact fees shall be paid in accordance with Collier C'nnnt . amended and Section 10.02.07 of the LDC as rt ma be am O rdi dedance 01 F. G. H. J. Right -of -Way Permit a UILICUL rO11CV I resolution 01-247 as it mpy be amended and the LDC as it may be amended. Collier Coun reserves thejjght to modi or close an median one -n;" existin at the time ofa Koval of this PUD which is found to be adverse to the healthsafety and welfare of the ublic. A ny such modifications shall be based on but are not limited to safet o erational circulation, and roadwa- SVAC_ ity -"11 a 11 iu Or access in excess of a right in/ri ht out condition at Iny access oint. Neither will the existence of a Point of ingress a point of egress or a median onenin� nor the lack thereof shall be the basis for an future cause of action for dama es a amst the Coun k_ the developer, its successor in title or assignee any such facilities Collier County as a consequence of such im rovement! K. If, in the sole nnin; 7-3 easement is determined to be necess the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. The adjacent development to the west has been designed to provide shared access or interconnection with this develo ment. The PUD Master Plan indicates this location. The developer or assigns shall accommodate the perpetual use of such access by incomoratin appropriate laneuase into the development covenants or plat. An easement acyreement has been entered into by and between Holland Davis LLC and Market Center Association Inc. dated on or about November 15 2005 which shall be recorded in the Public Records of Collierf20-ty, Florida as a condition of approval 7-4 C-4 ZONING — i TYPED BUFFER COLLIER BOULEVARD (CR No. 95 1) --� I PUD DISTRICTS �C "Dro A W BUFFER— ZONE TYPE D— — — —_ _— — — — _ _ i I A- COMMERCIAL RETAIL m w w TYPE D BUFFER ZONE C - INDUSTRIAL o a ZONE A I~ I PRESERVE+e v ya COMMERCIAL RETAIL 4.0 AC. I I 20r3fi SCALL': I • -lar I LAND USE SUMMARY: yFUTURE INTERCONNECT• RIGHT COMMERCIAL RETAIL (350,000 sq.ft.) = 39.3 AC IN/OUT INDUSTRIAL (218,000 sq.ft.) = &0 AC - 12.4 AC LAKE = 12.3 AC PUD I PRESERVE = 26.7 AC LOVING I RIGHT OF WAY (INTERNAL) = 10.7 AC I I TOTAL AREA = ZONE 97.0 AC COMMERCIAL A RETAIL I GENERAL NOfE: 30.9 AC. I THE LOCATIONS, AMOUNTS. AND CONFIGURATIONS OF DEPICTED LAND i USES ARE CONCEPTUALLY SHOWN FOR ILLUSTRATIVE PURPOSES I AND ARE SU -..T TO CHANGE DURING F N- DESIGN AND PERMITTING. WATER MANAGEMENT AREAS AND MITIGATED PRESERVATION AREAS I I MAY BE RELOCATED AND SUCH CHANGES WILL BE CONSIDERED MINOR C AND CONSISTENT WITH THE APPROVED PUO MASTER PLAN. z 104 PUD 1-75/COLLIER BOULEVARD i i COMMERCIAL CENTER ZONE Cu I a0 I d LIGHT INDUSTRIAL I Ca I> 3.9 AC. Qr W W • Ia U ¢ to x PRESERVE 20.6 AC. - - 41 ZONING 11 I< ZONE C wl oa ZONE A/C ,Y7 LIGHT INDUSTRIAL I I w w COMMERCIAL RETAIL/LIGHT INDUSTRIAL FUTURE PRESERVE 4 4 1 Ac. .4 AC.. D IINTERCONNECT �,�_- 6.1 AC. y� ZONING �q p� I ■ ®�®,��",��®��® ®��■R ..,.� `-3.4-AC _..,._._. TYPE B BUFFER y. RO-12E B BUFFER.. I i ZONING �+ �— A YUU H0 D'A� er NIO. aAnt AEM9RV5ON[NG CEDAR HAMMOCK � er QIFIII NIANf WR -I ASSOCIATES LTD. 570 DEL WARE AVENUE WESTPORT COMMERCE CENTER_ oio®mn '.� Rm w w no s [rr 1 ,�,�,m ar :re • _ .m BUFFALO, NY 14202-1207 PUD MASTER PLAN _� a.. scar: w/• a„r,au„a, � EXHIBIT A 1. mint. DID" 1. 1-41 % I-- Zrinui I We k 0 r 0 1 t*4 I- at VII AC - 2TJ AC . .4A- 1. CCLDC J.- I.- -JU 11.1 ACS ndwr wv. .1 --trial uWarld cook 140 - A',! oil Qprr 7L AG - 43.4 Ac m o"t 6 CCLUC kwo•., "Arki'll I..UACJ U'AVQ. or -mo ouryn ItAL w Light Ll IITU Zonz okv 44 Z_11 0, VOY L An. m t. L. r � k• i{e i�:... o : i. :. .. I � L 141 I,% rr .0V ',�ti'•".'" +1+,"fY+��jT,•j,'.�.� ry'I'"' ISI, st,..r��•+'t ;iF "'tt • i IS, i Q9 ii3* , ylt� ilN POTENTLAL WELL EASEMENT --------------------------------------------- poll ---------- -- - --- r LL—MARKET ., --- ___ _- -- - ---_- T------------ — — —�-- ��--- . -- --- --- ---------------- ---- __ — — - C 0 LLIER -�- --� 82 ULE VARD - ..__..Y -- -. _. _ ----- ----_ --- jam` --- EXHIBIT 1 --- �— - - -- (C R N o 9 5 1 SIIEET --- -- J --- ---------- .\ 8448 EXHIBIT D STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-62 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of November, 2005. DWIGHT E. BROCK Clerk of Courts and,rk Ex -officio to B04M.•2•. County CommissiQ'4: By: Ann Je nejbh,. Deputy C1erkJ"%'C3. t mow C: Q d' Z D Z C O N N O O a U C Q O O N (D QQU) E In N 6 M X CD 0 Q U Q Im Z M Z �C E a) Z -0Q I_ O l— � L Z O -O N O Q cn U W �Tim O N eeeeeee� O G M L:1 LL 10D B Friday, March 4,2016 If NAPLES DA LY NEWS Using home remedies in the garden: myths or facts? There is a saying that w ,� rive. Theysay aoc to use it insects will inherit the worm farming Florida Earth. Well, inFlotida they . ,. �. because most worms just already have, so we better -"y beginhau®ng atthe beach just get over it, with little Starbucks cups You aren't the only one -� - ^ae of coffee wearing shorts Ir forwardtoharvest g and Hawaiian shirts. In time m your flower and y ,� any event it should make vegetable gardens; so are TBE BUTTERFLY GUY` , - " our soilalittle better than your neighbors . Pro refer- _ before. ring to insects, of course. MARIGOLDS E �- a" Most people don't real - And you don't want to be If you've been grow- ire that 99 percent of the hosting a veggie buffet for ing tomatoes for awhile, 'r - . ., bugs in their garden are all the bugsNyour neigh- you've probably heard r beneficial. Unfortunately, borhood. that marigolds help repel ♦ SIR " applying pesticides will Sure, there are effee- gazden insects. Common kill the good bugs right five pesticides that will knowledge is that if you along with the bad. quickly rid your garden plant them around your 1 v t These past few years, of these hungry invaders. tomato plants, homworm r : j ~" Naples has been experi- But before resorting to moths will become on- �., Y p eacmga'Iteflyepidem- harsh chemicals, why not fused and lay their eggs ic. The good newsbeet is that give someofthesepopulaz elsewhere. _' t ..♦ 1♦[' ladybugs, or lady beetles homeremedies atry. Most '.`/r` , lIC -`r as the are called, have were passed downthrough GARLIC ice` / proved to be super white generations in my family, Try planting garlic ^ _ 8 M1 t ypredatore and the rest I pinked up ound blueberries, rasp- InfaL4,Irelease 5,0001a- duri ng long chats with fel- berries and roses. The dybugs into my Karden ev- lowgardenersandstrong- strong scent is said to be an erysprmgand lbutelim- ers. effective beetle repellent. a -. mated unwanted pests. Last year, however, I had ROMAINE LETTUCE LAVENDER r fAto release a few thousand At dusk place romaine Plant lavender around hit ¢li 9 more miciseason, but that I ettuce at the base ofplants your leaferops, and its in- �'>' , still beats dousiog mygaz- with obvious snail dam- tense scent should elimi- den withhazshchemicals. age.ln the momirtg gently nate any problems you're Aa,r I readily admit that ra evethesna%vered havingwithwhiteftiessnd ,� ; these home remedies lettuce and toss out. aphids. Definitely bring kP —� for your garden have not some inside, too, and your '" "9 beenscientifrcallyproven. CHICKENORIT house will smell heavenly It is common knowledge that marigolds repel insects. Nonetheless, there are le- Sprinklechicken grit at for weeks. gions of seasoned garden - the base of snail -infested swallowtails in Florida. proceeded m eat the dill, rows of radishes and egg- ars out there who swe"by plants. When snails slide BASIL Funnystory:One Friday and soon after relieved plant and say goodbye to them. Give them a try, and or move across it, the Apersonal favorite of nightawhileback,afriend themselves on his kitchen peskybeetles. Share some you be the judge. If noth- cotirse texture cuts them mine. And not just on my of mine decidedto chopup counter. Guess what the with your cat, and you 11 ing else, companionplant- andthey subsequently die. plate with tomatoes, Crash some fresh dill and spurn- secret ingredient was in have one is cat. Seri- ings will add splashes of An elderlylady shazedthis mozzarella and garlic. kle it into his homemade the sauce. maly, cars love this stuffl color and interest to your tip with me and claimed Basil is also said m repel sauce. He out the remain- getable garden. Like I she never had reason to white flies, aphids and ing dill in a glass of water NASTURTIUMS PARSLEY always say!, spent in use toxic snail and slug spider mites from garden and left it on the kitchen Plmting nasturtiums Plmtingparaley in our your garden is never time ba its in her garden. tomatoes. counter.Thenhelefttown alongsidecu=tiines asparagus beds will help wasted. it's supposed to for the weekend. Upon re- is widely thought to repel repel hunggrry asparagus be fun, not experimental PICKLEJUICE DILL turning home Monday, he hungry leaf-eatingbeetles. beet les. Didyoulmow that physics, and if nothing Before discarding The strong smell ofdill found mysterious black Their bright leaves and thisprettyplet. garnish is works,you arenotharm- your used dill fickle jars, is believed to repel many droppings all over his vibrant flowers make eye- also very nutritious? ing anything. pour the remaurutg juice insects. It is also the host kitchen counter. Unfor- catching potted plants. around your gardenias to =plant female adult tunately for my friend, Nasturtiums are edible, COFFEEGRINDS Mike Malloy, known ss the" promote flowering. Just butterflies lay their eggs his fresh dill was infested too, with a somewhat pep- Maybe one of the best Butterfly Guy" sells nectar and one more good reason to on) to the Black Swal- with Black Swallowtail pery taste. known remedies of them larval plants for Butterflies at polish offanother tastyjar lowtail — one of Florida's eggs. The eggs, of course, all. They say roses love it, it the Third Sheet Farmers Market of dill pickles. most beautiful butterflies, hatched into caterpillars. CATNIP is said to afu bengoefight- every Saturday morning. and me of 10 varieties of The hungry caterpillars Plant catnip between er, a natural slug preven- RECOGNIZED AMONGSTAMERICA'S TOP PODIATRISTS 2010 & 2014 (239) 430-3668 u.rar.1 ai-esw.wwaee or.wa a r: ze ,aomnvns m� -�wbne�u: �` aeelaaesoor Ilan 4xfoor piE, lsanror wmwNagesF\wiabisr.com Nowavwepen¢ nLL WM. Ce�Vel & Fast Napes'. (]3a) 43PPoOT maw aewa,e appwau,r.ae osuse in wut�k"1 AVO�ERY Llighe knee, ankle & foot pa stncell thei T 8 Facts about your Foot and Alllde 1) Aid Segerylnnovense Live Arn iodc Stem Cell Therapy for knee, endo, and foot usen (W get your mobility back). 2) Platelet Rich Plasma int. evehible br achilles/ heel pain tc avoid surgery "xid.a proper tate could lead b eager •m have emushe'Mi,keaw theap/for the pins, awopenforewryone 3) ScarLess Bunion Surgery exdusitey available, see N you Santry 'Welk same day nut d eugery 4) p cipie slvdy flattening arches area sign of even tendon dyvho don 5) crusty, yellow nails arc a sign a,memon 'GeMk Nail trier avai able 6) Feeling of a pebble in you foot can be a vena tumor 7) Melanoma starting from feet are one of the most deadly in lumbeces n:malm the MI mason for nim i made amPumti0. •B you ere a dlaba4o yea must sea us Bow. Florida Coastal Dermatology+; ling superior surgical, medical and cosmetic dermatoie SCULPTRA SPECIAL! Y' S550per vial(Regalarlys75o) or purchase two vials for 51000 (for use the same day) Sculptra Aesthetic is a type official injectable made from poly -L -lactic acid. By replacing lost collagen, it helps correct shallow to deep facial wrinkles andfolds that appear with aging, For more information, see before and after images an wwwsculptraaesthetic.com Use D. Zack Am Brad T. Boys PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting held by Ashley Caserta of RWA, Inc., representing Habitat for Humanity of Collier County, Inc. on: Monday, March 21, 2016 at 5:30 pm New Hope Ministries, 7675 Davis Boulevard, Naples Florida 34104 Subject property: 16.8 acres located on the southwest corner of Davis Boulevard and Market Street in Section 3, Township 50 South, Range 26 East, Collier County, Florida; and providing an effective date. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a residential multi -family -12 district (RMF -12 (10)) zoning district to a Residential Planned Unit Development (RPU D) zoning district for the project to be known as the Vincent Acres RPUD, to allow construction of a maximum of 85 single family residential dwelling units or 118 townhouse residential dwelling units on property located west of Collier Boulevard at the southwest corner of Davis Boulevard and Market Street in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 16.8 +/- acres; providing for partial repeal of Ordinance No. 93- 73; and by providing an effective date. [PUDZ-PL20150001945] um $ 35 raantou 4 •,mw d a ary We value your input! Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner's representative and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, or e-mail to: Ashley Caserta, AICP Planning Project Manager RWA Engineering 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 239-597-0575 acasertaOconsuk-reva.com p o Mven . 4_.14.1 N�Vj,eS 4:)Wtjj NrWS Nap - • Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a dally newspaper published at Naples, in Collier Coun- ty, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline RWA, INC. Pub Dates March 4. 2016 /J E 1 LHJi�V ' / (Sign ure of affiant) Sworn to and subscribed before me This July 4: 16 (Signatur of affiant) 971023 NIM dbI ; �'�� ;• WONNE GORI T• Notary Public - State of FlorWa •= Commission s FF 900070 :•' M Comm. Expires Jul 16. 2019 plost Banded ttxough National Notary Asm. • :3 "ORM6�'-' ENGINEERING March 3, 2016 Subject: Neighborhood Information Meeting PUDZ PL20150001945 Vincent Acres RPUD Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a request to rezone the subject property from Residential Multi -Family 12 (10) (RMF -12(10)) to Residential Planned Unit Development. Subject property: 16.8 acres located on the southwest corner of Davis Boulevard and Market Street in Section 3, Township 50 South, Range 26 East, Collier County, Florida; and providing an effective date. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a residential multi -family -12 district (RMF - 12 (10)) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Vincent Acres RPUD, to allow construction of a maximum of 85 single family residential dwelling units or 118 townhouse residential dwelling units on property located west of Collier Boulevard at the southwest corner of Davis Boulevard and Market Street in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 16.8 +/- acres; providing for partial repeal of Ordinance No. 93-73; and by providing an effective date. [PUDZ- PL20150001945] In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to ask questions and provide input. The Neighborhood Information Meeting will be held on Monday, March 2111 at 5:30pm. The meeting will be held at the New Hope Ministries, 7675 Davis Boulevard, Naples, Florida 34104. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me. Sincerely, RWA, Inc. Ashley Caserta, AICP Planning Project Manager 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 Www.c0rzsuft-rw-CC =1 Easy Peel® Labels i ♦ Bend along line to j Feed Paper expose Pop -Up Edge Use Avery® Template 51600 TUSCAN ISLE COMMUNITY LTD BC NAPLES INVESTMENTS LLP 3030 HARTLEY RD # 310 2600 GOLDEN GATE PKWY JACKSONVILLE. FL 32257---0000 NAPLES, FL 34105---3227 CIRCLE K STORES INC CEDAR HAMMOCK COMMUNITY 1130 W WARNER RD DEVELOPMENT DISTRICT TEMPE, AZ 85284---0000 % SEVERN TRENT SERVICES 210 N UNIVERSITY DR STE 702 CORAL SPRINGS. FL 33071---7320 COLLIER CNTY 95 FLRPT LLC C/O REAL PROPERTY MANAGEMENT WR I ASSOC LTD 3335 TAMIAMI TR E. STE 101 7978 COOPER CREEK BLVD # 100 NAPLES, FL 34112---0000 UNIVERSITY, FL 34201---0000 95 FLRPT LLC 95 FLRPT LLC WR I ASSOC LTD WR I ASSOC LTD 7978 COOPER CREEK BLVD # 100 7978 COOPER CREEK BLVD # 100 UNIVERSITY. FL 34201---0000 UNIVERSITY, FL 34201---0000 95 FLRPT LLC COLLIER CNTY WR I ASSOC LTD C/O REAL PROPERTY MANAGEMENT 7978 COOPER CREEK BLVD # 100 3335 TAMIAMI TR E, STE 101 UNIVERSITY, FL 34201---0000 NAPLES, FL 34112---0000 ttiquettes faciles a peter ; A Repliez a la hachure afin de Utilisez le gabarit AVERY® 51600j chargement Senscle reveler le rebord Pop-UpTM j /lilt AVERY@ 51600 i SADDLEBROOK SEVEN LLC DAFR SADDLEBROOK LLC RACH SADDLEBROOK LLC 11-29 CLINTON AVE BROOKLYN, NY 11205---0000 HABITAT FOR HUMANITY OF COLLIER COUNTY INC 11145 TAMIAMI TRL E NAPLES, FL 34113---7753 95 FLRPT LLC WR I ASSOC LTD 7978 COOPER CREEK BLVD # 100 UNIVERSITY, FL 34201---0000 95 FLRPT LLC WR I ASSOC LTD 7978 COOPER CREEK BLVD # 100 UNIVERSITY. FL 34201---0000 SARECINO LLC % WXZ DEVELOPMENT 22720 FAIRVIEW DR #150 FAIRVIEW PARK, OH 44126---0000 www.avery.com ; 1 -800 -GO -AVERY 1 GROWTH MANAGEMENT DIVISION GIS/CAD MAPPING DEPARTMENT GIS PROCESSING REQUEST Property Notification Address Listing (Does not include Civic or Homeowner Associations) Date: 2/11/2016 Requester's Name: Ashley Caserta RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Phone: 239-597-0575 Folio number of Property (or PUD name): Vincent Acres RPUD Site address of Property: None. Legal Description of Property: Or AR / PL Number: PL20150001945 How many Feet Buffer around Property? Include the Properties: Internal ❑ Results: 150 ❑ 500 ❑ External ❑ Want Names and Addresses Only or Want Names, Addresses, and Legal Descriptions ❑ ❑ 1. Spreadsheet (MS Excel) on Disc ❑ 2. Print out of Spreadsheet on Paper ❑ 3. Mailing Labels ❑ 4. Spreadsheet + Mailing Labels Processing fees: $70.00 1000 ❑ $75.00 + 5c for every record over 1500 $80.00 + 6c for every record over 1500 $85.00 + I lc for every record over 1500 ,.0RM6-"' ENGINEERING LETTER OF TRANSMITTAL TO: Planning & Zoning Department DATE: July 12, 2016 PROJECT NAME: Vincent Acres RPUD PROJECT NUMBER: PUDZ-PL20150001945 We are sending the attached via: ❑ Client Pickup ® Delivery ❑ Mail ❑ Overnight Action required: ❑ For approval ® For your use ❑ As ❑ For review and requested comment COPIES DESCRIPTION 1 Affidavit of Posting Notice 1 Pictures of three 3 signs posted on 07/11/2016 REMARKS: ❑ Other Please accept the enclosed affidavit and pictures as proof of sign erection onsite for the Vincent Acres RPUD project. Please contact our office at 239-597- 0575 if you have any questions or should you require additional information. SIGNED COPY TO Laura Tefft RWA File Document 1 6610 willow Park Drive, Suite 200, Naples, Florida 34109 . (239) 597-0575, fax: (239) 597-0578 • www.consult-rwo.com SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. I. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples. or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Ashley Caserta, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PUDZ-PL20150001945 SIGNATURE OF APPLICANT OR AGENT Ashley Caserta, AICP NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 6610 Willow Park Drive, Suite 200 STREET OR P.O. BOX Naples, PL 34109 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this +� day of7�U� 2016, by AsCG..Spersonally known to me or who produced as identification and who did/did not take an oath. Signa f ary KLbWc :1 - any &O -Y Printed Name Notary ublic My Commission Expires: (Stamp with serial number) Rev. 3/4/2015�°� •U�� TIFFANY BRAY MY C # * OMMISSION 0 FF 944823 EXPIRES; March 1, 2020 Bonded Thru 9Wpt Notary Serckes t k � e ° I %DEVELOPMENT (P U ,.) APPROVAL i f !I f If- IL 1 t tr 9Y �y aL-;� yy 9I {y I e �w .{ t iAr "E" rA ^�ti�>we ��,� k' «" ;� '. ''!..� r ..`� • a' t '•" � �+�� s A it, .w V414 �FPUBLIC HEARING REQUE'STING PLANNED UNIT jo DEVELOPMENT tPUDI APPROVAL tot IF 17 e , +1C Y ` i � r • "4 r 3 r� .� JJ a � x • � 4, .� �,:. r , � \` / : ' .,fig * ,�y �} �, "" e r ' Ir � p n y 7 j « py a ,s NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, September 27, 2016, in the Board of County Commissioner's Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL, the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: Vincent Acres RPUD, PUDZ-PL20150001945, An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004.41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area J of Collier County, Florida, by amending the appropriate zoning J atlas map or maps by changing the zoning classification of the herein described real property Trom a residential multi -family -12 district (RMF -12 (10)) zoning district to a Residential Planned c Unit Development (RPUD) zoning district for the project to be 1 known as the Vincent Acres RPUD, to allow construction of a o maximum of 85 single family residential dwelling units or 118 townhouse residential dwelling units on property located west i of Collier Boulevard at the southwest corner of Davis Boulevard and Market Street in Section 3, Township 50 South, Range ii 26 East, Collier County, Florida, consisting of 16.8 +/- acres: providing for partial repeal of Ordinance No. 93-73; and by providing an effective date. [PUDZ-PL20150001945] Q- A copy of the proposed Ordinance is on file with the Clerk to the rD Board and is available for inspection. All interested parties are invited to attend and be heard. o NOTE: All persons wishing to speak on any agenda item must Q, register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be Z m limited to 3 minutes on any item. The selection of any individual a to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. O d Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum Z of 3 weeks prior to the respective public hearing. in any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of -the proceedings is made, which record includes the testimony,.,and evidence upon which the appeal is based. If you are a pe rson with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.' Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL :34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN 17.B.i Packet Pg. 1810